What new strategy could be employed to win vs BBRY in a Class Action?
Doing some research, I came across this previous attempt at a recovery for shareholders:
The case is Shemian v. Research In Motion Limited, U.S. District Court, Southern District of New York, No. 11-04068.
In this instance, it appears that the entire case was dismissed:
U.S. District Judge Richard Sullivan in Manhattan granted the company's motion to dismiss the proposed class-action lawsuit, finding the plaintiffs failed to adequately allege that the company or various executives had made deliberate and material misstatements. Sullivan said BlackBerry clearly had failed to keep pace with rivals in developing smartphones and information technology, and "have paid a price for their mistakes by way of demotions, terminations and sizable financial setbacks." "Nevertheless, corporate failings alone do not give rise to a securities fraud claim," Sullivan said.
So I’m curious as to any new approach or strategy by any of these Lawfirms currently undertaking the Class Actions that could possibly lead to a different outcome this time?
Any investors who have lost significant equity should get involved but on the surface it appears that this is more of BBRY’s “Corporate Failings”.
I can understand the frustration, but doubt you'll ever prove willful negligence, and only force them to defer resources they could be using to better the product, and increase your earnings.