Legal Opinion

In re Gentiva Securities Litigation

District Court, E.D. New York

Decided March 25, 2013No. 10-cv-5064 (ADS)(WDW)PublishedCited by 53 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The present case is a consolidated securities fraud class action brought on behalf of a class consisting of all persons or entities that purchased the publicly traded securities of Gentiva Health Services (“Gentiva”) between July 31, 2008 and October 4, 2011. Presently before the Court is the Defendants’ motion to dismiss. For the reasons set forth below, this motion is granted.

I. BACKGROUND

A. Factual Background

The following facts are drawn from the Plaintiffs class action complaint and are construed in a light most favorable to the…

2Cases cited95 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007

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3Cited by53 opinions

  1. Set Capital LLC v. Credit Suisse Group AGCourt of Appeals for the Second Circuit · 2021
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  3. Public Employees' Retirement System v. Amedisys, Inc.Court of Appeals for the Fifth Circuit · 2014
  4. In re Braskem S.A. Securities LitigationDistrict Court, S.D. New York · 2017
  5. Lipow v. Net1 UEPS Technologies, Inc.District Court, S.D. New York · 2015

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