18 unchanged sentences
Two sets of the objectors dismissed their appeals, and the Company and the other settling parties moved to dismiss the remaining appeal because the district court did not certify the approval order as appealable.
−Removed: The court of appeals has ordered the parties to brief the jurisdictional issue and the merits of the objections raised in the appeal.
+Added: The court of appeals ordered the parties to brief the jurisdictional issue and the merits of the objections raised in the appeal, and oral argument was held on April 14, 2021.
The case is continuing as to the remaining defendants.
8 unchanged sentences
The trial court order, among other things:
−Removed: (i) dismissed without prejudice various state law claims that the plaintiffs abandoned in response to the motions, (ii) dismissed with prejudice the remaining state law claims, including fraud by concealment, fraud by misrepresentation, and negligent misrepresentation on the grounds that federal law preempts those claims, and (iii) found that plaintiffs lack Article III standing to pursue one of the plaintiffs’ theories of RICO injury.
−Removed: The order denied the motion to dismiss with respect to two RICO claims premised upon a second
−Removed: theory of RICO injury and denied the motion to strike the class allegations at the pleadings stage.
−Removed: Discovery is ongoing.
+Added: (i) dismissed without prejudice various state law claims that the plaintiffs abandoned in response to the motions, (ii) dismissed with prejudice the remaining state law claims, including fraud by concealment, fraud by misrepresentation, and negligent misrepresentation on the grounds that federal law preempts those claims, and (iii) found that plaintiffs lack Article III standing to pursue one of the plaintiffs’ theories
+Added: of RICO injury.
+Added: The order denied the motion to dismiss with respect to two RICO claims premised upon a second theory of RICO injury and denied the motion to strike the class allegations at the pleadings stage.
+Added: Discovery is ongoing, class certification briefing has been completed, and a class certification hearing was held before the court on April 26, 2021.
The Company denies all allegations of wrongdoing, including those in the complaint that were not dismissed.
7 unchanged sentences
On October 1, 2020, the lead plaintiff filed a response in opposition to the motion to dismiss.
−Removed: The Company filed a reply on or about October 21, 2020, such that the motion is now fully briefed.
+Added: The Company filed a reply on or about October 21, 2020, such that the motion is now fully briefed, although the parties have each supplemented their prior briefing with regard to more recent case holdings in other matters.
The Company denies all allegations of wrongdoing, including those in the amended complaint.
7 unchanged sentences
The Company’s management does not expect that the outcome in any of its currently ongoing legal proceedings or the outcome of any proposed adjustments presented to date by the IRS, individually or collectively, will have a material adverse effect on the Company’s financial condition, results of operations, or cash flow.
+Added: There have been no material changes to the factors disclosed in Item 1A.
+Added: Risk Factors in the Company’s Annual Report on Form 10-K for the year ended December 31, 2020.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.