Curry v. Silicon Image, Inc. Securities Litigation
Curry v. Silicon Image, Inc. Securities Litigation
Opinion of the Court
MEMORANDUM
Plaintiffs appeal the dismissal of their fourth amended complaint in this class action securities lawsuit. We affirm.
Plaintiffs have failed to allege specific facts showing that the statements in the press releases or SEC filings were false or misleading. See 15 U.S.C. § 78u-4(b)(l); Fed.R.Civ.P. 9(b). The alleged omissions did not “affirmatively create an impression of a state of affairs that differ[ed] in a material way from the one that actually exist[ed].” Brody v. Transitional Hosps. Corp., 280 F.3d 997, 1006 (9th Cir. 2002); see 17 C.F.R. § 240.10b-5(b).
This analysis of the complaint’s falsity allegations makes unnecessary any determination of whether the facts pleaded, considered as a whole, give rise to a strong inference of scienter. Cf. Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 319-25, 127 S.Ct. 2499, 2508-10, 168 L.Ed.2d 179 (2007); Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 1006-08 (9th Cir. 2009); S. Ferry LP, # 2 v. Killinger, 542 F.3d 776, 784-85 (9th Cir. 2008). Plaintiffs have not alleged facts showing that any statements were false or misleading.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.