DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
072622P.pdf 08/05/2008 NECA-IBEW Pension Fund v. Hutchinson Technology, Inc.
U.S. Court of Appeals Case No: 07-2622
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Smith, Author, with Bye and Colloton, Circuit Judges]
Civil case - Securities law. District court did not err in holding
plaintiff's Private Securities Litigation Reform Act claims failed because
they failed to allege that defendant made any materially false or
misleading statements with the specificity required by the Act; as the
complaint failed to meet the falsity pleading standard, the court need not
address plaintiff's contention that the district court erred in finding it had
failed to sufficiently plead scienter; because the district court did not err
in dismissing plaintiff's 78j(b) and Rule 10b-5 claims, the dismissal of
plaintiff's controlling person claim is also affirmed; district court did not
err in denying plaintiff's motion to amend its complaint as plaintiff failed
to show that any potential amendment would have saved the complaint.