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Monday, April 27, 2026

Southern District Of New York Grants Motion To Dismiss Securities ... - Lexology

On March 30, 2023, Judge Andrew L. Carter, Jr. of the United States District Court for the Southern District of New York granted a motion to dismiss a putative securities fraud class action brought against a fitness technology company (the “Company”) and certain of its executives. Robeco Capital Growth Funds SICAV – Robeco Global Consumer Trends v. Peloton Interactive, Inc., et al., No. 21-cv-9582 (ALC)(OTW) (S.D.N.Y. Mar. 30, 2023). Plaintiff alleged that defendants violated Section 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 thereunder, by making material misstatements and omissions about the demand for the Company’s product following the peak of the COVID-19 pandemic. The Court dismissed the amended complaint, holding that certain of defendants’ alleged statements were non-actionable under the PSLRA safe harbor, and that plaintiff had not alleged sufficient facts to demonstrate other statements were false when made.

According to plaintiff, in the wake of business closures enacted during the beginning of the COVID-19 pandemic in 2020, demand for the Company’s fitness products increased dramatically and the Company began to experience supply chain issues and backlogs in delivering its products to its customers. Plaintiff alleged that in response to this, the Company significantly ramped up its production capabilities and disclosed that it would make significant investments in order to keep up with demand. Plaintiff alleged,...



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