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203510P.pdf   10/18/2021  Police Officers Pension Fund  v.  Meredith Corporation
   U.S. Court of Appeals Case No:  20-3510
   U.S. District Court for the Southern District of Iowa - Central   
[PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Stras, Circuit Judge] Civil case - Securities Fraud. The district court did not err in dismissing this action for failure to state a claim; 137 of the 138 statements in the amended complaint could not serve as the basis for Section 10(b) liability as they were either (1) clearly statements identified as forward looking and accompanied by meaningful cautionary statements, (2) corporate puffery, or (3) forward-looking statements that the complaint's allegations did not imply by strong inference were made with actual knowledge of their falsity; the remaining statement, while coming closer to giving the Fund a 10(b) claim falls short as the confidential former employee's allegation on which it is based does not give rise to a strong inference of severe recklessness; as a result, the complaint fails to satisfy the heightened pleading standards with respect to the misrepresentation and mental-state requirements of Sec. 10(b) liability; as the Fund's Sec. 20(b) claim was derivative of its Sec. 10(b) claim, it, too, was properly dismissed; reviewing the issue of futility de novo, the district court did not err in denying leave to amend the complaint.