JD Supra

Eleventh Circuit Affirms Dismissal of Securities Fraud Class Action for Failure to Plead Corporate Scienter in Alleged Fraudulent Sales Scheme

The Eleventh Circuit Court of Appeals recently affirmed the dismissal of a purported securities fraud class action, because lower-level corporate officials with knowledge of an alleged fraudulent ...
JD Supra

Southern District Of Florida Dismisses Certain Securities Fraud Claims For Failure To Adequately Allege Scienter And Sustains Others

On October 4, 2018, Magistrate Judge Bruce Reinhart of the United States District Court for the Southern District of Florida granted in part and denied in part a motion to dismiss claims asserted ...
Law

Out of Thin Scienter: Protecting Confidential Information in Light of ‘NVIDIA v. Ohman’

For nearly 30 years, the Private Securities Litigation Reform Act (PSLRA) has required private plaintiffs in securities litigation to plead both falsity and scienter with particularity. The Supreme ...
The National Law Review

Scienter Requirement May Be A Question Of Timing

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
The National Law Review

SCOTUS Appears Poised To Reject Defense-Friendly Safeco Scienter Standard In FCA Cases

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Willful Blindness: A New Pathway to Scienter in the Third Circuit

In a precedential opinion issued on Oct. 15, 2025, the U.S. Court of Appeals for the Third Circuit held that willful blindness, or what other courts have described as an egregious refusal to see the ...