Lawsuit Overview
March 18, 2019 - The court denied the defendants' motion to dismiss.
August 3, 2018 - A motion to dismiss the amended complaint was filed.
June 4, 2018 - An amended complaint was filed.
November 20, 2017 - An investor in shares of Tivity Health Inc (NASDAQ: TVTY) filed a lawsuit in the U.S. District Court for the Middle District of Tennessee over alleged violations of Federal Securities Laws by Tivity Health Inc in connection with certain allegedly false and misleading statements made between February 24, 2017, and November 3, 2017.
Franklin, TN based Tivity Health Inc, formerly Healthways Inc, is focused targeted population health for those aged 50 and older. Tivity Health Inc reported that its annual Total Revenue rose from $452.09 million in 2015 to $501.00 million in 2016 and that its Net Income increased from $44.01 million in 2015 to $55.59 million in 2016. Shares of Tivity Health Inc (NASDAQ: TVTY) grew from $10.25 per share in March 2016 to as high as $48.50 per share on November 6, 2017.
According to the complaint the plaintiff alleges on behalf of purchasers of Tivity Health Inc (NASDAQ: TVTY) common shares between February 24, 2017 and November 3, 2017, that the defendants violated Federal Securities Laws. More specifically, the plaintiff claims that between February 24, 2017, and November 3, 2017, the defendants issued materially false and/or misleading statements and/or failed to disclose that Tivity Health Inc was aware that its customer United Healthcare Inc planned to expand its fitness benefit to seniors, that the aforementioned expansion would represent direct competition to Tivity Health Inc’s core program SilverSneaker, and that as a result of the foregoing, the Company’s financial statements, as well as Defendants’ statements about Tivity Health’s business, operations, and prospects, were false and misleading and/or lacked a reasonable basis.
On November 6, 2017, Tivity Health Inc largest customer, United Healthcare Inc, announced that it is expanding its fitness benefit to seniors on the Medicare Advantage plan. Shares of Tivity Health Inc (NASDAQ: TVTY) declined to as low as $29.95 per share on November 6, 2017.