--- title: "Actinium securities class action dismissed with prejudice" url: "https://aibio.space/news/actinium-securities-class-action-dismissed-prejudice-plaintiffs-file/" publisher: "aibio.space (Biotech Investor Relations News)" date: "2026-10-15" section: "Legal" tickers: "AMEX:ATNM" source: "https://www.sec.gov/Archives/edgar/data/1388320/000121390026110022/ea0306048-01.htm" summary: "The case names Actinium and executives Sandesh Seth, Avinash Desai, Madhuri Vusirikala and Sergio Giralt. Four derivative suits against directors and offic" --- By the aibio.space news desk. Sources - [Actinium Pharmaceuticals definitive proxy statement filed October 15, 2026 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/1388320/000121390026110022/ea0306048-01.htm) - [Actinium 10-Q for the quarter ended June 30, 2026 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/1388320/000121390026086769/ea0298254-10q_actinium.htm) - [Actinium 10-K for the year ended December 31, 2024 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/1388320/000121390025026371/ea0232395-10k_actinium.htm) [ATNM](https://aibio.space/companies/actinium-pharmaceuticals-delaware/) 2026-10-15 # Actinium securities class action dismissed with prejudice; plaintiffs file appeal Tickers [ATNM](https://aibio.space/companies/actinium-pharmaceuticals-delaware/) The case names Actinium and executives Sandesh Seth, Avinash Desai, Madhuri Vusirikala and Sergio Giralt. Four derivative suits against directors and officers follow the same allegations. ## Key facts - **Company**: Actinium Pharmaceuticals, Inc. (Delaware) (AMEX: ATNM) - **News type**: Legal - **Primary source**: [Actinium Pharmaceuticals definitive proxy statement filed October 15, 2026 (SEC EDGAR)](https://www.sec.gov/Archives/edgar/data/1388320/000121390026110022/ea0306048-01.htm) *An aerial view of the Capitol and its grounds. CC0, via rawpixel. The picture shows the field, not the companies named.* Actinium Pharmaceuticals, Inc. (NYSE American: [ATNM](https://aibio.space/companies/actinium-pharmaceuticals-delaware/)) said in its [proxy statement filed October 15, 2026](https://www.sec.gov/Archives/edgar/data/1388320/000121390026110022/ea0306048-01.htm) that the federal court dismissed the securities class action against it with prejudice on September 4, 2026, and that plaintiffs filed a notice of appeal on September 30, 2026. Stockholder Nitin Kohil filed the case on March 27, 2025 as Kohil v. Actinium Pharmaceuticals, Inc., et al., Case No. 1:25-cv-02553, in the U.S. District Court for the Southern District of New York. The court later recaptioned it In re Actinium Pharmaceuticals, Inc. Securities Litigation. The defendants are Actinium and executives Sandesh Seth, Avinash Desai, Madhuri Vusirikala and Sergio Giralt. Four derivative complaints based on the same allegations name certain of the company's directors and officers, with Seth in each caption. ## The case The complaint alleges that the defendants made material misrepresentations and omissions about the Iomab-B Phase 3 SIERRA trial during a proposed class period of October 31, 2022 to August 2, 2024. It asserts claims under Sections 10(b) and 20(a) of the Exchange Act and sought unspecified damages. The court appointed lead plaintiffs on June 24, 2025, and they filed an amended complaint on August 25, 2025. Defendants moved to dismiss on October 27, 2025. Lead plaintiffs opposed on December 19, 2025, and defendants replied on February 2, 2026. Actinium's [10-Q filed August 7, 2026](https://www.sec.gov/Archives/edgar/data/1388320/000121390026086769/ea0298254-10q_actinium.htm) reported that the parties were still awaiting the ruling. ## Defendants In the class action, the filings name Actinium, Seth, Desai, Vusirikala and Giralt. They describe the four people only as executives and give no titles. Seth signed Actinium's [10-K filed March 31, 2025](https://www.sec.gov/Archives/edgar/data/1388320/000121390025026371/ea0232395-10k_actinium.htm) as chairman and chief executive officer. The derivative cases are Georges v. Seth et al., Case No. 1:25-cv-03738-JPO, filed May 5, 2025; Robinson v. Seth et al., Case No. 1:25-cv-04012-JPO, filed May 13, 2025; Clampitt v. Seth et al., filed June 20, 2025 in the Supreme Court of the State of New York, County of New York; and Perez v. Seth, et al., filed August 17, 2026 in the same court. The filings say only that they target certain directors and officers and name Seth in each caption. The 10-K filed March 31, 2025, the last annual report before the first derivative suit, was signed by directors June Almenoff, Jeffrey Chell, David Nicholson, Richard I. Steinhart and Ajit J. Shetty, along with Seth, and by chief financial officer Steve O'Loughlin. No filing reviewed says these people are defendants. ## Where it stands The court dismissed the class action with prejudice on September 4, 2026. Plaintiffs appealed on September 30, 2026. The two federal derivative cases were consolidated on June 24, 2025 as In re Actinium Pharmaceuticals, Inc. Derivative Litigation. The court so-ordered a stay on July 30, 2025, pending the motion to dismiss in the class action. The New York state case filed by Clampitt was stayed on November 12, 2025. Defendants are discussing next steps with the derivative plaintiffs in light of the dismissal and the pending appeal. A separate matter: a stockholder served a books and records demand under Section 220 of the Delaware General Corporation Law on June 17, 2025, seeking documents on the same facts. Actinium rejected it by letter dated July 8, 2025. The stockholder has not followed up since October 2025. ## Why it matters to shareholders Actinium says it and the other defendants intend to defend vigorously, with no assurance about the outcome. The filings reviewed give no estimate of loss, no accrual and no information on insurance coverage. A 10-Q risk factor says litigation such as these matters, whether or not successful, could result in substantial costs and diversion of management's attention. The proxy says the parties continue to discuss the Section 220 demand. [Report an error](https://aibio.space/reputation/#correction) ## Companies in this story ATNM Actinium Pharmaceuticals, Inc. (Delaware) AMEX ยท United States Open the starter desk ## More in Legal Legal ### [Alnylam details Texas patent suit, two Cipla patent cases and a U.S. Attorney subpoena](https://aibio.space/news/alnylam-details-texas-patent-suit-two-cipla-patent-cases-u-s-attorney/) Oct 29, 2026 Legal ### [Viking and Ligand dispute VK2809 license termination in San Diego court](https://aibio.space/news/viking-ligand-dispute-vk2809-license-termination-san-diego-court/) Oct 29, 2026 Legal ### [Viking's ITC trade secret ruling against Ascletis is on appeal at Federal Circuit](https://aibio.space/news/vikings-itc-trade-secret-ruling-against-ascletis-appeal-federal/) Oct 29, 2026 --- Source page: https://aibio.space/news/actinium-securities-class-action-dismissed-prejudice-plaintiffs-file/. Facts in aibio.space stories are checked against company filings and releases; opinion is labelled. Cite as: aibio.space, "Actinium securities class action dismissed with prejudice", 2026-10-15, https://aibio.space/news/actinium-securities-class-action-dismissed-prejudice-plaintiffs-file/