Legal Opinion
Levine v. AtriCure, Inc.
District Court, S.D. New York
Decided September 13, 2007No. 06 Civ. 14324(RJH)PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
RICHARD J. HOLWELL, District Judge.
Before the Court are two motions: a motion to dismiss named plaintiff Howard Levine’s complaint pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure; and a motion to appoint James Duncan and Jackie Byrd as lead plaintiffs and to approve them selection of co-lead counsel. Defendants Atri-Cure, Inc., David J. Drachman, and Thomas Etergino oppose the motion to appoint lead plaintiffs by arguing that Howard Levine, the sole named plaintiff, lacks standing, and thus the Court is without jurisdiction to even…
2Cases cited18 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Dura Pharmaceuticals, Inc. v. BroudoSupreme Court of the United States · 2005
- Gladstone, Realtors v. Village of BellwoodSupreme Court of the United States · 1979
- Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
- Kailash C. Pani, M.D., and Kailash C. Pani, M.D., P.C. v. Empire Blue Cross Blue ShieldCourt of Appeals for the Second Circuit · 1998
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3Cited by20 opinions
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- In re Fuwei Films Securities LitigationDistrict Court, S.D. New York · 2008
- In re Facebook, Inc., IPO Securities & Derivative LitigationDistrict Court, S.D. New York · 2013
- In Re Fuwei Films Securities LitigationDistrict Court, S.D. New York · 2009
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