In upholding the dismissal of a class action against the former Vantive Corp., a unanimous three-judge panel criticized the complaint in question as too vague to bother overturning the lower court.
“Indeed the bulk of the alleged adverse facts are generic, subjective, difficult to prove or refute, and could be alleged against almost any company that has experienced a drop in sales revenue,” wrote Senior Judge William Canby Jr. “The 102-page complaint rarely, if ever, sets forth a particularized basis to support the existence of these ‘concealed facts.’”
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