US Appeals Court Sends BlackBerry Lawsuit Back to Lower Court

Advertisement
By Reuters | Updated: 25 August 2016 10:05 IST
Highlights
  • Lawsuit failed to state a plausible claim
  • BlackBerry launched its Z10 phone in January 2013
  • Low sales of the Z10 led to a projected $930 million writedown

A US appeals court on Wednesday upheld the dismissal of a lawsuit accusing BlackBerry of fraudulently inflating its stock price by painting an upbeat picture of the prospects for its BlackBerry Z10 smartphone line that was misleading.

While the 2nd US Circuit Court of Appeals in New York said the lawsuit failed to state a plausible claim, it ordered a lower-court judge to reconsider whether to let the plaintiffs amend their complaint in light of what they said was new evidence.

Advertisement

Neither BlackBerry nor a lawyer for lead plaintiffs Todd Cox and Mary Dinzik responded immediately to requests for comment.

BlackBerry launched its Z10 phone in January 2013 in a bid to recoup market share lost to Apple's iPhone, and Samsung devices powered by Google's Android.

The BlackBerry Z10 won positive reviews, but low sales led to a projected $930 million (roughly Rs. 6,240 crores) writedown for unsold inventory on September 20, 2013. BlackBerry shares lost about one-sixth of their value that day.

Advertisement

The Waterloo, Ontario-based company ousted its chief executive officer, Thorsten Heins, less than two months later. The lawsuit alleged that BlackBerry attempted to conceal the poor performance of the Z10 in order to artificially inflate its stock price.

In Wednesday's decision, the 2nd Circuit upheld US District Judge Thomas Griesa's March 2015 dismissal of the lawsuit for the failure to allege that BlackBerry and its executives knowingly misled investors.

Advertisement

The three-judge appeals panel said the plaintiffs' claims amounted to "fraud by hindsight" by saying that the defendants must have known the device would be unsuccessful.

The court nonetheless said the plaintiffs could try to persuade Griesa to let them amend their complaint in light of new legal developments and evidence that the plaintiffs said would support their claims.

Advertisement

The appeals court said if Griesa refuses to let the plaintiffs amend their complaint, he should explain his reasons, which he had not done before.

The case is Cox v. BlackBerry Limited, 2nd US Circuit Court of Appeals, No. 15-3991.

© Thomson Reuters 2016

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: BlackBerry, Mobile, BlackBerry Z10
Advertisement

Related Stories

Popular Mobile Brands
  1. iPhone 17 Pro Max At Rs. 1,02,900 in Apple 50th Anniversary Sale
  2. Vivo T5 Pro 5G Confirmed to Launch in India Soon With These Features
  3. Infinix Note 60 Pro With Active Matrix Panel to Arrive in India on This Date
  4. OnePlus Nord 6 First Impressions
  5. Artemis 2 Leaves Earth Orbit, Starts Journey Towards the Moon
  6. Google's New Open-Source Model Will Let Users Build AI Agents
  7. IMF Warns Tokenisation Brings Benefits but New Financial Risks
  1. Google Introduces Gemma 4 Open-Source AI Model, Enables Building Autonomous Agents
  2. Oppo Find X9s Pro, Find X9 Ultra Key Features, Colour Options Leaked Ahead of April 21 Launch
  3. IMF Says Tokenisation Could Transform Finance but Warns of New Risks
  4. Vivo T5 Pro 5G India Launch Teased Along With Availability Details, Key Specifications
  5. Oppo Find X9 Ultra Leaked Image Reveals Design; Tipped to Feature 7,050mAh Battery
  6. Redmi 15A 5G Goes on Sale in India for the First Time: Price, Specifications
  7. Bitcoin Trades Near $66,500 as Market Holds Steady Amid Mixed Signals
  8. Samsung Galaxy A27 5G Will Reportedly Launch With a Similar Camera Configuration to Its Predecessor
  9. Artemis 2: Astronauts Aboard Orion Spacecraft Begin Journey Towards the Moon on Day 2
  10. Android 17 Beta 3 Update to Bring Notification Rules With Granular Control for Apps, Contacts: Report
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.