Is SCOTUS Taking The Right Securities Cases?

Law360, New York (May 10, 2011, 1:59 PM EDT) -- After years of silence, the U.S. Supreme Court has issued a series of opinions concerning various aspects of private securities litigation. Starting in 2005, the court issued an opinion in Dura Pharmaceuticals Inc. v. Broudo[1] regarding the applicable standards for pleading loss causation for claims brought pursuant to Section 10(b) of the Securities Exchange Act of 1934.

Again in 2007, the court addressed the requirement of pleading a strong inference of “scienter” or fraudulent intent for Section 10(b) claims in Tellabs Inc. v. Makor Issues & Rights...
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