With no explanation, chose the best option from "A", "B", "C" or "D". was up 86% over last year. This is despite the war which affected bookings in March and early April.”); CC ¶ 57 (“Our quarter was really very strong, led by the travel and electronic retail. Travel continues to be our big growth engine.”); CC ¶ 75 (“We are investing very aggressively into the growth of the business.”); CC ¶ 78 (“We think that nothing can replace a broad travel site omnibus choice, convenience, and ability to sell packages and multiple components.”). In this respect, the Class Complaint clearly fails to plead with the particularity required by Rule 9(b) and the PSLRA. Moreover, many of the statements merely cite historical facts or express optimism regarding IAC’s future performance and as such are not actionable under the securities laws. See Rombach, 355 F.3d at 174 (<HOLDING>); San Leandro Emergency Medical Group Profit

A: holding that puffery is not actionable under the securities laws
B: holding that expressions of puffery and corporate optimism do not give rise to securities violations
C: recognizing that warrantless arrests with probable cause do not give rise to  1983 claims
D: holding that these regulatory violations do not give rise to a viable fca action
B.