District Court’s Loss Causation Analysis Flawed Under Tellabs, Investor Argues

(January 9, 2020, 1:18 PM EST) -- ATLANTA — A federal district court erred in dismissing a shareholder class action against a beverage maker and certain of its senior executives because it failed to follow a U.S. Supreme Court mandate that it accept the shareholder’s facts alleged as true at the motion to dismiss stage of the litigation and draw all inferences in favor of the shareholder as plaintiff, the shareholder argues in a Dec. 9 appellant brief filed in the 11th Circuit U.S. Court of Appeals (Thomas W. Luczak v. National Beverage Corp., et al., No. 19-14081, 11th Cir.)....

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