Legal Opinion
Tyler Himes, et al. v. Five Below, Inc., et al.
District Court, E.D. Pennsylvania
Decided August 3, 2026No. 2:24-cv-03638Unknown
1Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TYLER HIMES, et al. : : CIVIL ACTION v. : No. 24-3638 : FIVE BELOW, INC., et al. : McHUGH, J. August 3, 2026 MEMORANDUM This is a securities fraud case rooted in a “fraud on the market” theory. Plaintiff institutional investors brought this action for themselves and on behalf of a class of shareholders in Five Below, Inc. (“Five Below”) against Defendants Five Below and two individual company executives. Having survived a motion to dismiss, Plaintiffs now seek class certification of their claims against Defendants…
2Cases cited38 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
33 more not listed; retrieve them via the Exa API.