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Text of District Court Opinion Applying Dudenhoeffer Pleading Standards to Dismiss J.C. Penney Stock-Drop Claim
U.S. District Court for the District of Columbia
Feb. 18, 2016 14 pages. "The plaintiff's position that Dudenhoeffer is limited to cases in which an 'artificially inflated' stock price is alleged ... ignores the Supreme Court's specific rejection of the argument that a fiduciary should have known from publicly available information alone that a stock's price was 'over- or under[]' -valued, i.e., that the stock was valued either too high or too low.... The Court therefore finds nothing in Dudenhoeffer that supports the plaintiff's contention that the Supreme Court's reasoning is 'only relevant in cases where the stock price is alleged to have been artificially inflated.' ... The plaintiff's decision not to plead special circumstances is fatal to her claim that the defendant should have known, solely from public information, that continued investment in J.C. Penney stock was imprudent." [Coburn v. Evercore Trust Co., No. 15-49 (D.D.C. Feb. 17, 2016)] MORE >> |
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