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Academic
: ConglomerateMakor Issues v. Tellabs: Posner on Remand
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
Tellabs is the Private Securities Litigation Reform Act case that the Supreme Court heard last year,
and remanded to the 7th Circuit for reconsideration. It looked like a win
for corporate America then, but less so as of today. The Chicago court, per
Judge Posner, just took
another look. Concluding that "it is possible to draw a strong
inference of corporate scienter without being able to name the individuals who
concocted and disseminated the fraud," the court found, once again, that
the plaintiffs done just that, and met the Supreme Court's sorta specific pleading standard. Some commentary comparing this year's
Stoneridge to last year's Tellabs can be found here
and here.
Full post as published by Conglomerate on January 17, 2008 (boomark / email).
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Seventh Circuit Adheres to Prior Decision in Tellabs
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