*
Gotham claimed Grifols overstated earnings, understated
debt
*
Report sent Grifols shares tumbling
*
Drugmaker says shortseller's accusations were defamatory
(Adds details from court document in paragraphs 2-4 and 11,
Grifols comments in paragraph 5, Gotham City comments in
paragraphs 9-10)
MADRID, May 30 (Reuters) - A New York court has found
enough evidence to proceed with a defamation lawsuit filed by
Grifols against short seller Gotham City Research,
though it dismissed many of the Spanish pharmaceutical company's
claims.
The Federal District Court for the Southern District of New
York rejected a request filed by Gotham City to dismiss the
lawsuit, according to a ruling filed on Thursday.
The court found that there was enough evidence to support
Gotham's allegations that Grifols failed to disclose a $95
million loan to Scranton Enterprises, an entity tied to the
drugmaker's founding family, were defamatory.
However, it dismissed the company's claim of unjust
enrichment and illegal interference and said many comments made
by Gotham City were expressing no more than non-actionable
opinions.
"The company continues defending its interests against what
it considers a speculative attack based on misleading
information," Grifols said in a statement on Friday.
In January 2024, Gotham City, which had previously
shorted Grifols shares, released a report accusing the company
of overstating earnings and understating debt. Grifols denied
the allegations but lost around a third of its market value
following the report.
Short selling involves borrowing a stock to sell it in the
expectation the price will fall, then buying it back at the
lower price and pocketing the difference.
Gotham City welcomed the ruling.
"We are pleased that the court has dismissed the vast
majority of Grifols' claims, reaffirming that our report is
largely protected opinion and falls within the bounds of free
expression," it said in an emailed statement.
"We remain confident in the integrity of our research
and stand by our work," it added.
In its judgement, the court said that even though short
sellers have an economic interest in driving down a company's
stock price, they have "the same right to express opinions and
analysis as any other market participant".
Grifols has
previously said
it was seeking "injunctive and monetary relief" via its
lawsuit and would seek compensation at least equivalent to its
share price loss.