Justices Debate Seventh Amendment In Tellabs Case

Law360, New York (March 23, 2007, 12:00 AM EDT) -- In what came as a surprise to many, the Supreme Court’s discussion of the federal pleading standard included a lengthy discussion of whether heightening the requirements for scienter would violate the Seventh Amendment.

The Supreme Court on Wednesday heard Tellabs Inc. v. Makor Issues & Rights, a case that has evolved into a debate over Congress’ intended definition of the phrase “strong inference” and could have a deep impact on securities litigation.

The court’s ruling, expected in the middle of the year, will decide the extent...
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