Tellabs, Inc. v. Issues
| Decision Date | 21 June 2007 |
| Docket Number | No. 06–484.,06–484. |
| Citation | 127 S.Ct. 2499,75 BNA USLW 4462,168 L.Ed.2d 179,551 U.S. 308 |
| Court | U.S. Supreme Court |
| Parties | TELLABS, INC., et al., Petitioners, v. MAKOR ISSUES & RIGHTS, LTD., et al. |
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9151 cases
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In re Chrysler-Dodge-Jeep Ecodiesel Mktg.
...Securities Litigation Reform Act, which requires scienter to be pled with "particularity." Tellabs, Inc. v. Makor Issues & Rights, Ltd. , 551 U.S. 308, 313, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007). This heightened pleading standard does not apply in the context of RICO, where only "general a......
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Blankenship v. Napolitano
...Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 165–66 (4th Cir. 2016) (citing Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) ). Application of the Rule 12(b)(6) standard requires that the court " ‘accept as true all of the factual a......
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In re Aegean Marine Petroleum Network, Inc. Sec. Litig.
...Pension Trust of Chi. v. JP Morgan Chase Co., 553 F.3d 187, 198 (2d Cir. 2009) (quoting Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 319, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) ). The inference must be more than merely reasonable or permissible; it must be "cogent and compell......
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Dual Diagnosis Treatment Ctr., Inc. v. Blue Cross California, Case No.: SA CV 15-0736-DOC (DFMx)
...documents incorporated into the complaint by reference, and matters properly subject to judicial notice. Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322-23 (2007); Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). A district court should provide leave to amend u......
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27 firm's commentaries
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The Evisceration of the Federal Securities Law
...S. Ct. 2869, 2883-84 (2010). 14 Pub. L. No. 111-203, §§ 929P(b) & 929Y, 124 Stat. 1376 (2010). 15 See Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 319 (U.S. 2007) (“Rule 9(b) applies to ‘all averments of fraud or mistake’; it requires that ‘the circumstances constituting ......
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SEC Investigations Guide - Second Edition: December 2022
...or recklessly, though the Circuits differ on the degree of recklessness required.” Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 319 n.3 (2007). 44 Aaron, 446 U.S. at 697. 45 15 U.S.C. § 77q(a). 46 15 U.S.C. § 78t(a). 47 15 U.S.C. § 78t(e). 48 15 U.S.C § 78u–3(a). An action fo......
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Defending Against Confidential Witnesses In Securities Fraud Class Actions
...cogent and at least as compelling as any opposing inference of nonfraudulent intent." (Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 314 (2007); 15 U.S.C. § 78u-4(b)(1).) Where the defendant is a corporate entity, "the pleaded facts must create a strong inference that some......
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Limiting Securities Litigation Risks In EB-5 Offerings: What Regional Centers And Issuers Need To Know
...may bring their own private suits for violations of Section 10(b) and Rule 10b-5. See Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 318 (2007); Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723 Who is potentially liable? Rule 10b-5(b) states that it is unlawful to "make"......
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54 books & journal articles
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Securities fraud.
...232 (1988) (requiring that any misrepresentation or omission be material). (16.) See Tellabs, Inc. v. Makor Issues & Rights, Ltd., 127 S. Ct. 2499, 2507 (2007) (requiring proof "that the defendant acted with scienter, 'a mental state embracing intent to deceive, manipulate, or defraud'"......
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Organization and strategy
...Pub.L. 104-67, 109 Stat. 737, Title I, §101, codified at 15 U.S.C. §78u-4(b); see also Tellabs, Inc. v. Makor Issues & Rights, Ltd. , 551 U.S. 308, 313, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) (“Exacting pleading requirements are among the control measures Congress included in the PSLRA. The......
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Pleading practice
...The PSLRA requires specific detailed allegations to survive a motion to dismiss. See Tellabs, Inc. v. Makor Issues & Rights, Ltd. , 551 U.S. 308, 313, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007) (“Exacting pleading requirements are among the control measures Congress included in the PSLRA. The P......
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On Equipoise, Knowledge, and Speculation: a Unified Theory of Pleading Under the Defend Trade Secrets Act -- Jurisdiction, Identification, Misappropriation, and Inevitable Disclosure
...of non-use and nondisclosure, of any information received in the transaction").170. See Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007) (on a Rule 12(b)(6) motion to dismiss, court may consider "documents incorporated into the complaint by reference, and matters of wh......
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