Fujisawa Pharmaceutical Co. v. Kapoor

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Fujisawa filed suit in 1992 alleging that Kapoor violated Rule 10b-5. In November of 1992, Kapoor filed a motion to dismiss Fujisawa’s 10b-5 claim, arguing that Fujisawa could not allege a claim for control person liability without alleging a primary violation by Lyphomed. Fujisawa contended in its response brief that “[njowhere in the complaint do plaintiffs claim that Kapoor is liable for Lyphomed’s conduct solely by virtue of his being a controlling person.” Fujisawa’s 10b-5 claim survived the motion to dismiss and discovery began. During…