Lead Plaintiffs’ Scienter Allegations Deemed Insufficient Under Helwig

Mealey's (November 26, 2019, 1:40 PM EST) -- TOLEDO, Ohio — A federal judge in Ohio on Nov. 22 ruled that lead plaintiffs in a securities class action against a real estate investment trust (REIT) and certain of its current and former senior executives failed to sufficiently plead that the defendants acted with the requisite scienter under Sixth Circuit U.S. Court of Appeals precedent in alleging that they failed to disclose to investors in violation of federal securities law that the REIT’s largest revenue stream was involved in a massive Medicare billing fraud scheme (Boynton Beach Firefighters’ Pension Fund v. HCP Inc., No. 16-1106, N.D. Ohio, 2019 U.S. Dist. LEXIS 203180)....