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Case Status:    SETTLED
On or around 10/15/2013 (Date of last review)

Filing Date: March 12, 2010

According to a press release dated March 12, 2010, the complaint alleges that, throughout the Class Period, defendants failed to disclose material adverse facts about the Company’s business and prospects. Specifically, the complaint alleges that defendants failed to disclose: (a) that the Special Protocol Assessment (“SPA”) with the United States Food and Drug Administration (“FDA”) for pixantrone was invalidated in March 2008; (b) that the Company’s pixantrone study enrolled a large number of patients who did not suffer from aggressive non-Hodgkin’s lymphoma; (c) that the Company’s pixantrone drug was cardiotoxic; and (d) that, as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about pixantrone and its prospects.

On February 8, 2010, the FDA posted its assessment of pixantrone in advance of its February 10, 2010 advisory meeting. With regard to the regulatory history of pixantrone, the FDA Briefing Document stated, among other things, that the Company’s SPA was invalidated in March 2008 and that the Company’s pixantrone study results were not meeting the FDA’s standards for approval.

On August 2, 2010, Judge Marsha J. Pechman signed the Order consolidating several actions under the lead case, and appointed the CTIC Investor Group as Lead Plaintiff and approved Brower Piven as Lead Counsel and Zwerling, Schachter & Zwerling as Liaison Counsel. On September 27, 2010, the lead plaintiff filed a Consolidated Amended Class Action Complaint. The defendants filed a motion to dismiss on October 27, 2010.

On February 4, 2011, Judge Marsha J. Pechman granted in part and denied in part the motion to dismiss. According to the Order, the allegations by Plaintiffs in their Consolidated Amended Complaint create a “strong inference” of scienter which is at least as cogent and compelling as the inference urged by Defendants. Plaintiffs have adequately pled loss causation regarding both “corrective disclosures.” None of Defendants’ statements (except their SEC filings) are entitled to “safe harbor” protection. “Control person liability” has been sufficiently alleged based on the allegations of 10(b) and 10b-5 violations. The claim for insider trading alleged against one individual defendant will remain; the insider trading claims against the other Defendants will be dismissed.

Jury trial has been set for June 2012. Plaintiffs shall file their motion for class certification on or before February 15, 2012.

On March 16, 2012, the Court issued an Order Granting Preliminary Approval Of Settlement, Granting Conditional Class Certification, And Providing For Notice.

On July 25, 2012, the Court issued an Order Awarding Attorneys' Fees and Expenses.


Sector: Healthcare
Industry: Biotechnology & Drugs
Headquarters: United States


Ticker Symbol: CTIC
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data

"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: W.D. Washington
DOCKET #: 10-CV-00414
JUDGE: Hon. Marsha J. Pechman
DATE FILED: 03/12/2010
CLASS PERIOD END: 02/08/2010
  1. Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
  2. Dyer & Berens LLP (former)
  3. Hagens Berman Sobol Shapiro LLP (New Seattle)
No Document Title Filing Date
COURT: W.D. Washington
DOCKET #: 10-CV-00414
JUDGE: Hon. Marsha J. Pechman
DATE FILED: 09/27/2010
CLASS PERIOD END: 03/22/2010
  1. Brower Piven (New York)
No Document Title Filing Date
—Related District Court Filings Data is not available