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.
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.