In re: The Hain Celestial Group, Inc. Securities Litigation, No. 20-1517 (2d Cir. 2021)
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The Second Circuit vacated the district court's grant of Hain's motion to dismiss a class action alleging securities fraud for failure to state a claim. Plaintiffs alleged that Hain violated Section 10(b) and section 20(a) of the Securities Exchange Act of 1934 by asserting in public statements that Hain's favorable sales figures were attributable to strong consumer demand for its products while failing to disclose that demand for its products was declining and that a significant percentage of sales was in fact attributable to the practice of channel stuffing.
The court held that the district court erred in granting Hain's motion because the district court relied on the erroneous assumption that plaintiffs' Rule 10b-5(b) claim was contingent on plaintiffs successfully pleading a fraudulent business scheme or practice in violation of Rules 10b-5(a) or (c). The court also concluded that the district court erred in failing to consider the cumulative weight of all of plaintiffs' scienter allegations. Accordingly, the court remanded for further proceedings.
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