Labaton Sucharow partner David Goldsmith was quoted in a Law360 article on the Firm's appeal of a securities class action against StoneMor Partners LP, a cemetery operator, which was dismissed last year by the U.S. District Court for the Eastern District of Pennsylvania. The case, Peter Fan v. StoneMor Partners LP, alleges that StoneMor and other defendants made false and misleading statements, and concealed material facts regarding the source of the company's cash distributions to unitholders.

During oral arguments before a three-judge panel in Philadelphia, Goldsmith argued that the district court's reasoning for dismissing the case was "inadequate," because the decision ignored the Supreme Court's shareholders' case of Tellabs Inc. v. Makor Issues & Rights Ltd., in which the justices held in 2007 that courts must weight allegations in their totality. "The Supreme Court was very specific that the court has to look at all of the allegations. You can't do this, sort of, segmented analysis," Goldsmith told the court.

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