Split 5th Circuit Partially Overturns Dismissal Of Securities Claims

Mealey's (August 7, 2018, 1:47 PM EDT) -- NEW ORLEANS — In a 2-1 opinion, a divided Fifth Circuit U.S. Court of Appeals panel on Aug. 6 ruled that a federal district court erred in dismissing federal securities law claims against a provider of orthotic and prosthetic patient care services and its former chief financial officer (CFO) because a pension fund has plausibly shown that the former CFO acted with the required scienter in concealing improper accounting of the company’s Medicare reimbursements for its services in violation of federal securities law (Alaska Electrical Pension Fund v. Vinit K. Asar, et al., No. 17-50162, 5th Cir., 2018 U.S. App. LEXIS 21785)....