A CSFB spokeswoman declined to comment. Launer couldn't be reached for comment. Two weeks ago, a federal judge in New York refused to dismiss a shareholder class-action suit brought by New Power investors against CSFB and the other underwriters on the IPO, Citigroup ( C ) and CIBC World Markets, a division of Canadian Imperial Bank of Commerce undefined. U.S. District Judge Charles Brieant, in a 14-page decision, said the underwriters may have misled investors when they described New Power in the IPO prospectus as "uniquely positioned to succeed."