The themes of Dura Pharmaceuticals, Inc., v. Broude, 544 U.S. 356 (2005), like those in Tellabs, Inc. v. Makor Issues & Rights, Ltd., 127 S.Ct. 2499 (2007) discussed earlier (here, here, here and here), will resonate in the arguments before …

LIABILITY IN SECURITIES FRAUD ACTIONS: Part XVII: The Decision in Dura Read More »

Tellabs, Inc. v. Makor Issues & Rights, Ltd., 127 S.Ct. 2499 (2007) creates a new “jade falcon” standard of for pleading a strong inference of scienter, vesting significant authority in the District Courts.  That standard, crafted by Justice Ginsburg in …

LIABILITY IN SECURITIES FRAUD ACTIONS Part XVI: The “Jade Falcon” Standard – The Opinion in Tellabs Read More »