Legal Opinion

Carl Schwartz v. Arena Pharmaceuticals, Inc.

Court of Appeals for the Ninth Circuit

Decided October 26, 2016No. 14-55633PublishedCited by 103 opinions

1Opinion of the Court

OPINION

BYBEE, Circuit Judge:

Lead plaintiff Carl, Schwartz filed a putative federal securities class action against Defendants Arena Pharmaceuticals, Jack Lief, Dominic Behan, William Shanahan, and Christen Anderson 1 in connection with public statements made about Arena’s weight-loss drug, loreaserin. At various times, Defendants all made positive public statements about lorcaserin’s safety and the likelihood of FDA approval. On certain occasions, Defendants claimed that loreaserin was not carcinogenic and referred to supporting “animal studies.” When Arena filed its application with the FDA,…

2Cases cited13 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  3. Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. StackCourt of Appeals for the Ninth Circuit · 2003
  4. Matrixx Initiatives, Inc. v. SiracusanoSupreme Court of the United States · 2011
  5. Zucco Partners, LLC v. Digimarc Corp.Court of Appeals for the Ninth Circuit · 2009

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3Cited by103 opinions

  1. City of Miami Fire Fighters' & Police Officers' Retirement Trust v. Quality Systems, Inc.Court of Appeals for the Ninth Circuit · 2017
  2. City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology, Inc.Court of Appeals for the Ninth Circuit · 2017
  3. Vicky Nguyen v. Endologix, Inc.Court of Appeals for the Ninth Circuit · 2020
  4. Glazer Capital Management, L.p v. Forescout Technologies, Inc.Court of Appeals for the Ninth Circuit · 2023
  5. State of Rhode Island v. Alphabet, Inc.Court of Appeals for the Ninth Circuit · 2021

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