Court Correct In Dismissing Investor Claims Due To Lack Of Scienter, Panel Rules

Mealey's (April 10, 2020, 1:33 PM EDT) -- BOSTON — A federal district court did not err in dismissing federal securities law claims brought against a biopharmaceutical company and certain of its executive officers for allegedly misrepresenting the likelihood that the U.S. Food and Drug Administration would approve a new drug application (NDA) for the company’s ocular pain treatment drug because the lead plaintiffs failed to plead facts that would give rise to a strong inference of scienter as required by the Private Securities Litigation Reform Act of 1995 (PSLRA), a First Circuit U.S. Court of Appeals panel ruled April 8 (Kavita Mehta, et al. v. Ocular Therapeutix Inc., et al., No. 19-1557, 1st Cir., 2020 U.S. App. LEXIS 11227)....