8:25-cv-02581
08/05/2025
Open
Civil - Securities and Financial Instruments
1. This is a federal securities class action on behalf of all investors who purchased or otherwise acquired Altimmune securities between August 10, 2023 and June 25, 2025 , inclusive (the “Class Period”), seeking to recover damages caused by Defendants’ violations of the federal securities laws (the “Class”).
2. The alleged misrepresentations in this case focus on Altimmune’s failure to achieve statistical significance in its analysis of the fibrosis reduction primary endpoint in its IMPACT Phase 2b MASH trial. In pertinent part, Defendants provided the public with overwhelmingly positive statements leading up to the announcement of topline results that failed to account for the fibrosis reduction observed in the placebo group.
3. Defendants provided these overwhelmingly positive statements to investors while, at the same time, misrepresenting and/or concealing material adverse facts concerning the true state of the results observed in Altimmune’s IMPACT Phase 2b MASH trial. Altimmune’s executives repeatedly touted their positive expectations and even went as far as to title the press release announcing IMPACT Phase 2b MASH trial topline results “Announces Positive Topline Results from the IMPACT Phase 2b MASH trial of Pemvidutide in the Treatment of MASH,” completely disregarding that one of two primary endpoints was not found to be statistically significant. In fact, Defendants spent minimal time discussing the aforementioned failure during the Special Call hosted by Altimmune pertaining to the topline results, rather stating that the Company hoped for better results in the Phase 3 trial.
4. On June 26, 2025 , Altimmune published a press release announcing topline results from the IMPACT Phase 2b MASH trial of Pemvidutide in the Treatment of MASH. While Defendants had continuously provided inflated expectations ahead of these results, the analysis
showed a pointed failure by the Company to achieve statistical significance in its analysis of the fibrosis reduction primary endpoint in its IMPACT Phase 2b MASH trial. In particular, while a positive trend in fibrosis improvement was observed, statistical significance was not met due to a higher-than-expected placebo response. When questioned about this concerning miss, Defendants answered indifferently, attributing this result to the Phase 2 nature of the trial and stated that Altimmune was hoping for better results following the Phase 3 trial.
5. Investors and analysts reacted immediately to Altimmune’s revelation. The price of Altimmune’s common stock declined dramatically. From a closing market price of $7.71 per share on June 25, 2025 , Altimmune’s stock price fell to $3.61 per share on June 26, 2025 , a decline of 53.2% in the span of just a single day. Investors who purchased Altimmune stock prior to this disclosure did so based on materially misleading information and suffered damages as a result.
6. Plaintiff brings this action, on behalf of himself and other similarly situated investors, to recover losses sustained in connection with Defendants’ fraud.
7. The claims asserted herein arise under and pursuant to §§10(b) and 20(a) of the Exchange Act (15 U.S.C. §§ 78j(b) and 78t(a)) and Rule 10b-5 promulgated thereunder by the SEC (17 C.F.R. §240.10b-5).
8. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1337 , and Section 27 of the Exchange Act, 15 U.S.C. §78aa.
9. Venue is proper in this District pursuant to §27 of the Exchange Act and 28 U.S.C. § 1391 (b), as a significant portion of Defendant Altimmune’s business, actions, and the subsequent damages to Plaintiff and the Class, took place within this District.
Page 3Presiding Judge
Theodore D. Chuang
Plaintiff
Dave Collier
Defendants
Vipin K. Garg
Altimmune, Inc.
Matthew Scott Harris
Plaintiff Attorney
Jordan A Cafritz
Defendant Attorney
Matthew Riffee
(#1) COMPLAINT against Altimmune, Inc., Vipin K. Garg, Matthew S. Harris ( Filing fee $ 405 receipt number AMDDC-12150410.), filed by Dave Collier. (Attachments: #1 Civil Cover Sheet, #2 Attachment Certification of Named Plaintiff Pursuant to Federal Securities Laws, #3 Summons to Atimmune Inc., #4 Summons to Vipin K. Garg, #5 Summons to Matthew S. Harris)(Cafritz, Jordan) (Entered: 08/05/2025)
Civil Cover Sheet
Attachment Certification of Named Plaintiff Pursuant to Federal Securities Laws
Summons to Atimmune Inc.
Summons to Vipin K. Garg
Summons to Matthew S. Harris
(#2) CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 8/5/2025. (hmls, Deputy Clerk) (Entered: 08/06/2025)
(#3) Summons Issued 21 days as to Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris. (Attachments: #1 Summons Garg, #2 Summons Harris) (hmls, Deputy Clerk) (Entered: 08/06/2025)
Summons Garg
Summons Harris
(#4) NOTICE of Appearance by Matthew Riffee on behalf of Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris (Riffee, Matthew) (Entered: 09/16/2025)
(#5) Local Rule 103.3 Disclosure Statement by Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris identifying Other Affiliate Altimmune, LLC, Other Affiliate Altimmune UK, Limited, Other Affiliate Spitfire Pharma, LLC, Other Affiliate Altimmune AU Pty, Limited for Altimmune, Inc..(Riffee, Matthew) (Entered: 09/16/2025)
(#6) STIPULATION re #1 Complaint, by Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris(Riffee, Matthew) (Entered: 09/16/2025)
(#7) ORDER Granting Stipulation and Order Regarding Service of Complaint and Time to Respond to Complaint. Signed by Judge Theodore D. Chuang on 10/3/2025. (heps, Deputy Clerk) (Entered: 10/03/2025)
(#8) (DOCKETED IN ERROR) CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 10/3/2025. (heps, Deputy Clerk) Modified on 10/3/2025 (heps). (Entered: 10/03/2025)
Docket(#8) (DOCKETED IN ERROR) CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 10/3/2025. (heps, Deputy Clerk) Modified on 10/3/2025 (heps). (Entered: 10/03/2025)
[-] Read LessDocket(#7) ORDER Granting Stipulation and Order Regarding Service of Complaint and Time to Respond to Complaint. Signed by Judge Theodore D. Chuang on 10/3/2025. (heps, Deputy Clerk) (Entered: 10/03/2025)
[-] Read LessDocket(#6) STIPULATION re #1 Complaint, by Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris(Riffee, Matthew) (Entered: 09/16/2025)
[-] Read LessDocket(#5) Local Rule 103.3 Disclosure Statement by Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris identifying Other Affiliate Altimmune, LLC, Other Affiliate Altimmune UK, Limited, Other Affiliate Spitfire Pharma, LLC, Other Affiliate Altimmune AU Pty, Limited for Altimmune, Inc..(Riffee, Matthew) (Entered: 09/16/2025)
[-] Read LessDocket(#4) NOTICE of Appearance by Matthew Riffee on behalf of Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris (Riffee, Matthew) (Entered: 09/16/2025)
[-] Read LessDocket(#3) Summons Issued 21 days as to Altimmune, Inc., Vipin K. Garg, Matthew Scott Harris. (Attachments: #1 Summons Garg, #2 Summons Harris) (hmls, Deputy Clerk) (Entered: 08/06/2025)
[-] Read LessDocket(#2) CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 8/5/2025. (hmls, Deputy Clerk) (Entered: 08/06/2025)
[-] Read LessDocket(#1) COMPLAINT against Altimmune, Inc., Vipin K. Garg, Matthew S. Harris ( Filing fee $ 405 receipt number AMDDC-12150410.), filed by Dave Collier. (Attachments: #1 Civil Cover Sheet, #2 Attachment Certification of Named Plaintiff Pursuant to Federal Securities Laws, #3 Summons to Atimmune Inc., #4 Summons to Vipin K. Garg, #5 Summons to Matthew S. Harris)(Cafritz, Jordan) (Entered: 08/05/2025)
[-] Read Less