Bradley COOPER; Todd Labak, Individually and On Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. THORATEC CORPORATION; Gerhard F. Burbach; Taylor C. Harris; David V. Smith, Defendants-Appellees, 698 F. App'x 516

MEMORANDUM “[A] statement is misleading if it would give a reasonable investor the impression of a state of affairs that differs in a material way from the one that actually exists.” In re Cutera Sec. Litig., 610 F.3d 1103, 1109 (9th Cir. 2010) (citation and internal quotation marks omitted), During the class period, Thoratec received data on Heart-Mate II thrombosis events that strongly suggested thrombosis rates were significantly higher than initially advertised. The company’s affirmative statements during the class period downplayed this increase.

Appellants have accordingly alleged, with sufficient specificity to survive appellees’ motion to dismiss, that Thoratec’s statements were misleading. REVERSED AND REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.