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Ninth Circuit Takes Tough Stance on Loss Causation

By Cheryl Miller
September 02, 2014

A company's announcement of an internal investigation may trigger a bad stock market reaction but, by itself, it's not enough to establish loss causation in a securities class action, the U.S. Court of Appeals for the Ninth Circuit held on Aug 7, 2014.

A three-judge panel affirmed U.S. District Judge Maxine Chesney's 2011 dismissal of a shareholders' suit targeting Immersion Corp. and five company executives. In Loos v. Immersio , filed in the U.S. District Court for the Northern District of California, plaintiffs argued that the San Jose, CA, tech company effectively revealed it had “cooked the books” in a 2009 press release announcing it was reviewing previous years' revenue calculations. Immersion's stock price dropped 23% on the news.

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