SKV partners Ty Doyle and Justin Waggoner, along with Counsel Michelle Stratton, won a dismissal of a purported securities class action on behalf of client Nobilis Healthcare.
This is the second time in less than a year that would-be class plaintiffs have brought securities fraud suits in the Southern District of Texas alleging wrongdoing by Nobilis and its officers. The first suit, Hall v. Nobilis, was voluntarily dismissed with prejudice after Nobilis, also represented by SKV, filed a motion to dismiss attacking the general, vague, and unsupported allegations against the defendants. Counsel returned weeks later with a new plaintiff and filed a second suit, Schott v. Nobilis. Again, Nobilis responded with a motion to dismiss, and on September 29, 2016, a second court, Hon. Lee Rosenthal, granted Nobilis’s motion, finding, among other things, that plaintiff’s pleadings failed to plead a plausible–much less strong–inference of fraud, and that nonculpable inferences were strong.