Decker

The en banc court vacated the panel opinion, In re GlenFed, Inc., Sec. Litig., 11 F.3d 843 (9th Cir.1993), and remanded the appeal to the panel for reconsideration of the panel’s holdings concerning secondary liability and Plaintiffs’ 1933 Act and state-law claims. In re GlenFed, Inc. Sec. Litig,, 42 F.3d 1541, 1554 (9th Cir.1994) (en banc). The en bane court also indicated that the panel might consider whether Plaintiffs’ primary liability (and any remaining secondary) claims should be dismissed under Fed.R.Civ.P. 9(b), as insufficient in attributing certain statements to all of the Defendants as “group published information.” Id. at 1554 n. 12. We ordered supplemental briefing. Plaintiffs indicated that they are abandoning their arguments on appeal regarding certain secondary liability claims and their common law claims. We now affirm the district court’s judgment in part, reverse in part, and remand.

A.

The district court’s judgment dismissing Plaintiffs’ secondary liability claims of “aiding and abetting” and “conspiracy” regarding primary securities law violations against all Defendants is affirmed, but on different grounds. Subsequent to the district court’s decision, the…