The United States Court of Appeals for the Ninth Circuit affirms United States District Court Order dismissing fraud claims against Bergeson, LLP client.

On November 20, 2007, the United States Court of Appeals for the Ninth Circuit issued its Memorandum affirming the decision of the United States District Court dismissing fraud claims against the former Chief Financial Officer of Netcentives, Inc. Specifically, the Court of Appeals determined that Appellants’ causes of action for fraud and negligent misrepresentation were properly dismissed because Appellants failed to plead loss causation. In addition, the Court of Appeals found causes of action under the California Corporations Code were properly dismissed because they were barred by the one year statute of limitations. Moreover, the Court of Appeals determined that the District Court did not abuse its discretion by refusing to grant Appellants further opportunities to amend their complaint, noting that Appellants had numerous opportunities to amend their complaint and to explain their claims to the District Court judge. Bergeson, LLP partners Daniel J. Bergeson and Caroline McIntyre represented John F. Longinotti, the former Chief Financial Officer of Netcentives, Inc.