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Icahn Enterprises wins dismissal of investor lawsuit

Carl Icahn's investment company Icahn Enterprises won the termination of a lawsuit declaring it artificially pumped up its share rate by issuing unsustainably high dividends to assist the billionaire financier get big amounts of personal loans.

In a choice on Friday, U.S. District Judge K. Michael Moore in Miami stated investors in the proposed class action stopped working to show that the company made product misrepresentations or omissions and did so with an intent to defraud.

Lawyers for the shareholders did not immediately react to ask for remark. A representative for Icahn Enterprises did not instantly respond to a comparable demand. Moore gave the shareholders up until Oct. 14 to file a modified grievance.

Icahn Enterprises shares have fallen more than three-quarters considering that May 2023, when the short-selling company Hindenburg Research questioned its dividends and Icahn's. loaning, and implicated Icahn of supervising a Ponzi-like. economic structure.

Last month Icahn concurred without confessing misdeed to. pay $2 million to settle U.S. Securities and Exchange Commission

civil charges

that he stopped working to divulge his significant borrowing. against the shares.

The shareholders stated Icahn Enterprises' real health. became evident as its Automobile Parts Plus business went bankrupt,. the company slashed its dividend and Icahn renegotiated his. loans.

Icahn owns about 85% of his business's shares, and. personally lost lots of billions of dollars as the share price. fell.

In his 28-page choice, Moore pointed out the company's. disclosures that it might decrease dividends, and stated its general. disclosures about Carl Icahn's loaning were sufficient to. alert financiers to the risks.

He likewise said Icahn Enterprises' 2021 yearly report. disclosed Carl Icahn's share pledges, and that there were no. allegations that any offender performed expert trading.

This conduct recommends that the individual accuseds,. consisting of Icahn, believed in the long-term value of IEP and is. inconsistent with the theory that accuseds were engaged in a. plan to synthetically pump up the stock cost for personal. gain, Moore wrote.

The case is Kosowsky v Icahn Enterprises LP et al, U.S. District Court, Southern District of Florida, No. 23-21773.

(source: Reuters)