He successfully argued that foreign and domestic investors had asserted
viable «holder
claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the
fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.
And even if they had pleaded
viable legal theories — which they have not — plaintiffs do not approach alleging their
fraud - based
claims with the particularity the rules require...