Dismissal Of Securities Class Action Against Drug Maker Overturned

Mealey's (October 12, 2018, 1:48 PM EDT) -- CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on Sept. 27 ruled that a federal district court erred in dismissing a shareholder class action against a drug company and its CEO for failure to plead scienter because lead plaintiffs have shown that the defendants’ statements regarding the clinical test results for its cholesterol drug and anticipated U.S. Food and Drug Administration approval were more plausible and because neither of the defendants’ explanations to the contrary are “more plausible than the knowing and reckless fraud alleged” by the lead plaintiffs (Ronald E. Wallace, et al. v. Esperion Therapeutics Inc., et al., No. 17-1701, 6th Cir., 2018 U.S. App. LEXIS 27590)....