Legal Opinion

Institutional Investors Group v. Avaya, Inc.

Court of Appeals for the Third Circuit

Decided April 30, 2009No. 06-4595PublishedCited by 308 opinions

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…

2Cases cited45 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  3. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  4. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  5. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976

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3Cited by308 opinions

  1. City of Cambridge Retirement v. Altisource Asset Management CoCourt of Appeals for the Third Circuit · 2018
  2. Barry Belmont v. MB Investment Partners, Inc.Court of Appeals for the Third Circuit · 2013
  3. Slayton v. American Express Co.Court of Appeals for the Second Circuit · 2010
  4. City of Miami Fire Fighters' & Police Officers' Retirement Trust v. Quality Systems, Inc.Court of Appeals for the Ninth Circuit · 2017
  5. City of Edinburgh Council as A v. Pfizer IncCourt of Appeals for the Third Circuit · 2014

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