On June 4, 2013, the United States District Court for the Western District of Texas Austin Division granted Plaintiffs' motion for class certification.
On November 20, 2012, the United States District Court for the Western District of Texas Austin Division denied Defendants' motion to dismiss the case.
On April 10, 2012, Pomerantz LLP was appointed Lead Counsel in the class action lawsuit against Pain Therapeutics, Inc. (“PTIE” or the “Company”), (NASDAQ:PTIE) and certain of its officers.
The class action (1-11-CV-1034), filed in the United States District Court, Western District of Texas, is on behalf of a class consisting of all persons or entities who purchased PTIE securities during the period from February 3, 2011 through June 23, 2011 (the “Class Period”). This class action is brought under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a); and SEC Rule 10b-5 promulgated thereunder by the SEC, 17 C.F.R. § 240.10b-5.
The Complaint alleges that, during the Class Period, PTIE made false and/or misleading statements and/or failed to disclose material facts about a new drug, REMOXY. Specifically, PTIE failed to disclose that REMOXY was not approvable by the U.S. Food and Drug Administration due to chemistry, manufacturing, and control deficiencies that caused inconsistent results during laboratory tests.
On June 24, 2011, the Company announced that the Company had received a Complete Response Letter from the FDA on the New Drug Application for REMOXY. As a result of this revelation, PTIE’s shares declined $3.94 per share or nearly 43%, to close at $5.30 per share on June 24, 2011.
On June 27, 2011, the Company disclosed that the FDA’s Complete Response Letter raised concerns related to, among other things, the chemistry, manufacturing, and controls sections of the NDA for REMOXY. As a result of this revelation, PTIE’s shares declined an additional $1.37 per share or nearly 26%, to close at $3.93 per share on June 27, 2011.