Posted on September 26, 2007 by Kevin Lemley

Sometimes More is Less, 225-Page Securities Fraud Claim is Dismissed

The Western District of Arkansas granted a motion to dismiss in McAdams v. McCord, 2007 WL 2461966 (W.D. Ark. 8/28/07).

 

McAdams and others filed suit against various directors and officers of UCAP, a mortgage lender and brokerage company, including Moore Stephens Frost.  Plaintiffs claimed a conspiracy to defraud them of $10 million. The court dismissed much of the complaint in a prior order. McAdams v. McCord, 2007 WL 951829 (W.D. Ark. 3/27/07).

 

Plaintiffs filed an amended complaint seeking to meet the heightened pleading requirements of the Private Securities Litigation Reform Act (PSLRA). Although the amended complaint ballooned to 225 pages, the court found that the amended complaint failed to sufficiently state a claim under the PSLRA. The court dismissed the amended complaint except for a claim for breach of fiduciary duty against one of the individual directors.

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