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FORT WORTH EMPLOYERS' RET. FUND v. BIOVAIL CORP.

No. 08 Civ. 8592 (CM)(KNF).

615 F.Supp.2d 218 (2009)

FORT WORTH EMPLOYERS' RETIREMENT FUND, on Behalf of All Others Similarly Situated, Plaintiff, v. BIOVAIL CORPORATION, et al., Defendants.

United States District Court, S.D. New York.

May 8, 2009.

Attorney(s) appearing for the Case

Samuel Howard Rudman, David Avi Rosenfeld, Mario Alba, Jr., Coughlin Stoia Geller Rudman & Robbins, LLP, Melville, NY, for Plaintiff.

Robert Joseph Giuffra, Jr., Christopher James Dunne, Michael Thomas Tomaino, Jr., Sullivan and Cromwell, LLP, New York, NY, for Defendants.

DECISION GRANTING DEFENDANTS' MOTION TO DISMISS THE COMPLAINT

McMAHON, District Judge:

This is a securities fraud class action. Plaintiffs Amended Complaint, dated December 17, 2008 (the "Amended Complaint"), asserts a single claim under Section 10(b) of the Securities Exchange Act of 1934 against Biovail Corporation ("Biovail") and four of its current and former officers (collectively, "Defendants"). It also asserts a related "controlling person" claim...

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