Institutional Investors Group v. Avaya, Inc.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Chief Judge.
This is a shareholders securities action, putatively a class action, alleging defendants made false or misleading statements about earnings growth potential and pricing pressure in violation of the Securities and Exchange Act of 1934. Shareholders’ central theory is that investors and analysts viewed the key to Avaya’s success to be its ability to increase sales revenues without cutting prices. The District Court granted defendants’ motion to dismiss for failure to meet the pleading requirements of the Private Securities Litigation Reform Act of 1995…
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