Brian Meshkin literally got his day in court, and he finally feels vindicated. U.S. District Judge Josephine Staton of the Central District of California on Dec. 22 threw out all federal charges against Meshkin.
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On June 10, 2020, the Ninth Circuit, in Vicky Nguyen v. Endologix, Inc., et al., affirmed in a published decision the district court’s dismissal with prejudice of a putative securities fraud class action because plaintiff failed to meet the heightened pleading standard for scienter required under the Private Securities Litigation Reform Act of 1995 (“PSLRA”). On July 20, 2020, the Ninth Circuit denied plaintiff’s petition for rehearing. A Stradling team lead by Jason de Bretteville represented defendants-appellees in the case.
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Stradling Yocca Carlson & Rauth, P.C. sycr.com 1Plaintiff brought suit after defendant Endologix disclosed that the FDA would not approve the company’s Nellix aneurysm sealing device within Endologix’s projected timeline, resulting in an alleged drop in the company’s stock price. Plaintiff’s central theory was that the comp