182198P.pdf   03/01/2019  Jesse Campbell  v.  Transgenomic, Inc.
   U.S. Court of Appeals Case No:  18-2198
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Benton, Author, with Beam and Erickson, Circuit Judges] 
   Civil case - Securities Law. In a class action alleging defendants 
   violated Section 14(a) and 20(a) of the Securities and Exchange Act and 
   SEC Rule 14a-9 by disseminating a false and materially misleading proxy 
   statement that failed to give Transgenomic shareholders an accurate 
   financial picture of Precipio, the company with which it was merging, a 
   reasonable investor may have viewed disclosure of Precipio's net 
   income/loss as having significantly altered the total mix of information 
   made availabile, and the district court erred in resolving the materiality 
   of the omission as a matter of law; issues as to whether a "revenue table" 
   was misleading were also questions for the trier of fact; further 
   plaintiffs' Section 20(a) claim against Transgenomic's former CEO were 
   sufficiently pleaded to state a claim to relief that was plausible on its 
   fact, and the Section 20(a) claim should not have been dismissed.