A class action has been filed in the United States District Court for the Southern District of New York on behalf of all persons or entities who purchased MELA securities from February 13, 2009 through November 16, 2010 (the "Class Period"). The Complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder.
Throughout the Class Period, Defendants represented to the investing public that an approval of MelaFind by the United States Food and Drug Administration would be forthcoming through a series of materially false and misleading statements regarding the status of MelaFind's ongoing clinical studies, and the safety and efficacy of the Company's products. For instance, at the beginning of the Class Period, Defendants announced "positive top-line results of its pivotal trial of MelaFind, a non-invasive, point-of-care instrument to assist in the early detection of melanoma, the deadliest form of skin cancer."
In misrepresenting positive aspects of MelaFind, Defendants were able to, among other things: (a) deceive the investing public regarding MELA's business and management; (b) deceive the investing public regarding the efficacy of MelaFind and its prospects for approval; and (c) enable Defendants to sell almost $79 million of MELA's common stock to the public while in possession of material adverse non-public information about the Company.
On November 16, 2010, it was reported, in part, that MelaFind "could cause harm because of the potential for misdiagnosis," and that "FDA staff pointed to numerous problems with MELA's study of the device, called MelaFind, including a significant lack of data, and urged a new clinical trial." On this news, MELA's stock plummeted approximately 54% or $3.45 per share.
If you are a current shareholder and purchased during the period February 13, 2009 through November 16, 2010 and would like to discuss your options of exercising your rights as a shareholder, please contact us.
Please submit the following information so we can determine if you qualify for the suit. If you don't know all the specific details, partial information is also acceptable.