This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Securities
Fraud
Private Securities Litigation Reform Act

Dorothy Wade, on Behalf of Herself and All Others Similarly Situated v. WellPoint Inc., Angela F. Braly, Wayne Deveydt

Published: Oct. 16, 2010 | Result Date: Sep. 28, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 1:08-cv-00357-SEB-WTL Bench Decision –  Dismissal

Court

USDC Indiana


Attorneys

Plaintiff

Scott D. Gilchrist

David A. Rosenfeld
(Weinberg, Roger & Rosenfeld PC)

Irwin B. Levin
(Cohen & Malad LLP)

Richard E. Shevitz
(Cohen & Malad LLP)


Defendant

Matthew T. Albaugh

Christopher G. Scanlon

James H. Ham III

Michael M. Maddigan
(Hogan Lovells LLP)

Lindsay L. Welch

Seth Aronson

David I. Hurwitz
(Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow PC)


Facts

Dorothy Wade sued WellPoint Inc., its CEO, its CFO, and its Chairman, alleging that the defendants committed securities fraud.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants committed violations of federal securities laws by they promulgating exaggerated financial projections. Plaintiff also argued that defendants failed to reveal a materially adverse condition that would have had an effect on the projections.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiff failed to demonstrate that they acted knowingly.

Result

The court dismissed plaintiff's claims, finding that plaintiff failed to meet the pleading standards of the Private Securities Litigation Reform Act.


#104770

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390