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Trial Court Dismisses Securities Fraud Complaint for Insufficient "Evidence" The Case of Nektar Therapeutics, Inc. | Arnall Golden Gregory LLP


Introduction
Pleading requirements in federal courts, particularly in securities class action cases, have become increasingly difficult, if not impossible, to satisfy. On December 30, 2020, a U.S. district court in California granted the motion of the biopharmaceutical company, Nektar Therapeutics, Inc. (“Nektar” or “Company”)
1 and its named officers (collectively, “Defendants”) to dismiss Plaintiffs’ second-amended securities fraud complaint (“Complaint”) by means of an opinion that stretched, we believe, well beyond the applicable pleading rules and statutes. Being the second dismissal in the case, the court denied Plaintiffs representatives of a putative class of shareholders of Nektar stock a third chance to amend their Complaint. ....

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