| COMPANY |
Tivity Health, Inc. |
| COURT |
United States District Court for the Middle District of Tennessee |
| CASE NUMBER |
20-cv-00165 |
| JUDGE |
The Honorable Waverly David Crenshaw Jr. |
| CLASS PERIOD |
March 8, 2019 – February 19, 2020 |
| SECURITY TYPE |
All Securities |
Case Background:
On February 25, 2020, the initial complaint in this securities class action was filed against Tivity Health, Inc. (“Tivity” or the “Company”), and certain of Tivity’s directors and officers, asserting violations of Sections 10(b) and 20(a) of the Securities Exchange Act. This is a federal securities class action lawsuit brought on behalf of all persons who purchased or acquired Tivity securities between March 8, 2019 and February 19, 2020, (the “Class Period”) both dates inclusive.
The complaint alleges that, throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies. Specifically, the complaint alleges that Defendants made false and/or misleading statements and/or failed to disclose that: (1) following the Nutrisystem Acquisition, Tivity’s Nutrition segment faced significant operational challenges; (2) the foregoing would foreseeably have a significant impact on Tivity’s revenues; and (3) as a result, the Company’s public statements were materially false and misleading at all relevant times.
Current Status of Case:
On June 7, 2023 the Court certified the Class in this action which consists of all persons who purchased or acquired Tivity common stock between March 8, 2019 and February 19, 2020. Defendants appealed that decision to the Sixth Circuit Court of Appeals which recently denied their appeal. This case is in the discovery phase an is ongoing.
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP: Jon Naji, Esq. (484) 270-1453; or via e-mail at info@ktmc.com. If you would like additional information about the suit, please click on the link "Submit Your Information" above and fill out the form as promptly as possible.