Legal Opinion
Mississippi Public Employees' Retirement System v. Boston Scientific Corp.
Court of Appeals for the First Circuit
Decided April 16, 2008No. 07-1794PublishedCited by 146 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Na-tick, Massachusetts. The appeal concerns dismissal of claims based on the company’s launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of Boston Scientific stock, alleges that company executives both withheld material information about problems with the stent and decisions addressing those problems, and made misleading positive statements, in violation of…
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