Proving that an apparent circuit split isn’t always a ticket to the U.S. Supreme Court, the justices on Tuesday declined to review whether a company’s failure to abide by a certain securities regulation can give rise to fraud claims.

The Supreme Court denied a petition for certiorari lodged by lawyers at Kahn Swick & Foti and Brower Piven, who represent plaintiffs in a proposed securities fraud class action against the technology company NVIDIA Corp. Last year NVIDIA convinced the U.S. Court of Appeals for the Ninth Circuit that the plaintiffs’ claims were properly thrown out, a ruling that stands as a result of Tuesday’s cert denial.

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