The Volokh Conspiracy
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Federal Judge Withdraws Opinion "After Lawyers Complained That [It] Contained … Made-Up Quotes and Misstated Case Outcomes"
From Bloomberg (Justin Henry) today:
A New Jersey US district court judge withdrew his decision in a biopharma securities case Wednesday after lawyers complained that his opinion contained numerous errors, including made-up quotes and misstated case outcomes.
The judge's order states:
The Court is in receipt of Defendants counsel's letter dated July 22, 2025. On June 30, 2025, the Court issued an Opinion and Order. (ECF Nos. 114, 115.) That Opinion and Order were entered in error. Accordingly, the Court directs the Clerk of Court to remove the Opinion and Order at ECF Nos. 114 and 115 from the docket. A subsequent Opinion and Order will follow.
An excerpt from counsel's letter:
While Defendants do not seek reconsideration of the Opinion pursuant to Federal Rule of Civil Procedure 59(e), we wish to bring to the Court's attention a series of errors in the Opinion—including three instances in which the outcomes of cases cited in the Opinion were misstated (i.e., the motions to dismiss were granted, not denied) and numerous instances in which quotes were mistakenly attributed to decisions that do not contain such quotes—so that the Court may consider whether amendment or any other action should be taken. We also write to alert the Court that these and related issues have been raised in a parallel securities class action lawsuit pending in the District of New Jersey and are the subject of briefing in that case. See In re Outlook Therapeutics, Inc. Sec. Litig., 2:23-cv-21862 (D.N.J.).
Read the letter for more.
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