Tivity Health Denied Immediate Appeal Over Investor Class Status

Tivity Health Inc. failed to justify an immediate appeal of class status granted to investors allegedly harmed by the company’s statements about its acquisition of Nutrisystem Inc., the Sixth Circuit said Tuesday.

The wellness-program operator will need to defend itself in the securities fraud class suit in the US District Court for the Middle District of Tennessee, after which an appeal will be available to the losing party. But many securities class actions settle first because of the financial pressure associated with a trial.

• Investors allege Tivity misled them after the merger about its newly acquired nutrition segment’s performance
• The ...