In Re Biopure Corp. Derivative Litigation

ORDER

GERTNER, District Judge.

I. INTRODUCTION

This shareholder derivative class action alleges that defendant Biopure and seven officers and/or directors breached their fiduciary duties and otherwise mismanaged the company by concealing negative information about the development and prospects for Food and Drug Administration (“FDA”) approval of Hemopure, the company’s principal product. 1

Before me are defendants’ Motion to Dismiss the Consolidated Amended Complaint [# 20] and plaintiffs’ Motion for Leave to Amend the Complaint [# 29]. I have also agreed to read the defendants’ Opposition to the…