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CITY OF TAYLOR GENERAL EMPLOYEES RETIREMENT
SYSTEM, individually and on behalf of all others
similarly situated,
Plaintiff,
LYNN JOHNSON,
Plaintiff-Appellant,
v.
ASTEC INDUSTRIES, INC.; BENJAMIN G. BROCK; DAVID
C. SILVIOUS; MALCOLM SWANSON,
Defendants-Appellees. |
No. 21-5602 |
Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 1:19-cv-00024—Charles Edward Atchley, Jr., District Judge.
Argued: January 28, 2022
Decided and Filed: March 31, 2022
Before: CLAY, GRIFFIN, and STRANCH, Circuit Judges.
_________________________
OPINION
_________________________
Shareholders of Astec Industries filed this putative class action, alleging that the
company and its executives committed securities fraud during a recent expansion. The district
court dismissed the complaint, holding that plaintiffs had not met the heightened pleading
requirements of Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation
Reform Act of 1995 (“PSLRA”). Plaintiffs appeal.
Although the pleading requirements for securities-fraud cases are daunting, they are not
insurmountable. We conclude that plaintiffs have pleaded plausible claims against Astec’s CEO
and the company itself but have abandoned or forfeited their claims against the other individual
defendants. Accordingly, we affirm in part, reverse in part, and remand for proceedings
consistent with this opinion. |
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