Securities Claims Against Lilium N.V. for Electric Plane Production Delays Fail to Take Flight, Federal Judge Holds
"In this case, Plaintiff cannot recast the alleged misrepresentations as a 'scheme' to avoid the [Private Securities Litigation Reform Act's] heightened pleading standards for alleged misrepresentations," U.S. District Judge Robin L. Rosenberg of the Southern District of Florida said.
August 28, 2024 at 12:43 PM
5 minute read
What You Need to Know
- A class action complaint against German-based aerospace company Lilium N.V. failed in a second attempt Aug. 23.
- The Private Securities Litigation Reform Act prevents companies from being held liable for future plans or projections, the court said.
- The plaintiffs' complaint cannot be amended following this dismissal, the court said.
A Florida federal judge found that statements made by a German aerospace company about its development of small electric planes did not constitute securities fraud or violate federal law because its disclosures were considered "forward-looking" and fell within the "safe harbor" provisions of the Private Securities Litigation Reform Act.
U.S. District Judge Robin L. Rosenberg of the Southern District of Florida granted Lilium N.V.'s motion to dismiss a second amended class action complaint from lead plaintiffs Maniraj Ashirwad Gnanaraj and Jonathan Coon on Aug. 23. The plaintiffs brought the class action on behalf of themselves and others who had purchased securities between March 30, 2021, and March 14, 2022, or held Qell securities, a company that merged with Lilium, as of July 16, 2021.
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