Law360, New York (August 09, 2007) -- On July 27, 2007, the United States Court of Appeals for the Seventh Circuit issued its first opinion interpreting the Supreme Court's ruling in Tellabs Inc. v. Makor Issues & Rights Ltd., 127 S. Ct. 2499 (July 21, 2007), which addressed the standard required to plead "scienter," or fraudulent intent, in a federal securities fraud claim under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5.
The new decision, Higginbotham v. Baxter International, Inc., __ F.3d __, No. 06-1312, 2007 WL 2142298 (7th Cir. July 27, 2007), demonstrates that plaintiffs will face significant obstacles in overcoming...
