Tivity Health immediately dismissed appeal against investor class status

Tivity Health Inc. was denied an immediate appeal of class status granted to investors who allegedly suffered harm from the company’s statements about its acquisition of Nutrisystem Inc., the Sixth Circuit said Tuesday.

The wellness program operator will have to defend itself in the securities fraud class action lawsuit in the U.S. District Court for the Middle District of Tennessee, after which the losing party can appeal. But many securities class actions settle first because of the financial pressures that come with litigation.

• Investors allege Tivity misled them about the performance of its newly acquired food segment after the merger
• The …