The United States Court of Appeals for the Ninth Circuit denies Petition for Panel Rehearing and Petition for Rehearing En Banc filed regarding fraud claims dismissed against Bergeson, LLP client.

On April 23, 2008, the United States Court of Appeals for the Ninth Circuit denied a Petition for Panel Rehearing and Petition for Rehearing En Banc regarding the Court of Appeal’s November 2007 decision. The Court of Appeal had dismissed fraud claims against Bergeson, LLP’s client, 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.