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Civil Procedure Keyed to Friedenthal
Tellabs, Inc. v. Makor Issues & Rights, Ltd.
Citation:551 US 308 (2007)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Respondent owned stock in Petitioner corporation. Respondent brought a class action lawsuit against Petitioner, its chief executive officers and other officers, based on allegations of a scheme to deceive investors. The complaint alleged that Petitioners violated a federal securities regulation statute that required that a complaint alleging a scheme to defraud state with particularity facts that give rise to a strong inference that defendant acted with the necessary state of mind. Respondent’s complaint alleged that the chief executive misled the public in four ways. The district court dismissed the complaint, as well as an amended complaint, which contained additional references to confidential sources and specifically referred to the chief executive officer’s mental state. The district court dismissed the complaints for failure to plead with particularity. The court of appeals reversed, in part, holding that the complaint sufficiently alleged the requisite scienter of the chief executive officer. The Supreme Court granted certiorari.
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