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Tellabs Inc. v. Makor Issues & Rights

Docket No.: 06-484
Certiorari Granted: Jan 5 2007
Argued: March 28, 2007
Decided: June 21, 2007

Topics:

Seventh Amendment, Natural Resources, privacy, Private Securities Litigation Reform Act of 1995

PartyNames: Tellabs, Inc., et al. v. Makor Issues & Rights, Ltd., et al.
Petitioner: Tellabs, Inc., et al.
Respondent: Makor Issues & Rights, Ltd., et al.

Court Below: United States Court of Appeals for the Seventh Circuit

Tellabs, Inc., et al.
v.
Makor Issues & Rights, Ltd., et al.
551 U.S. 308 (2007)
Question Presented:

Whether, and to what extent, a court must consider or weigh competing inferences in determining whether a complaint asserting a claim of securities fraud has alleged facts sufficient to establish a "strong inference" that the defendant acted with scienter, as required under the Private Securities Litigation Reform Act of 1995.

Question:

In considering whether a securities fraud complaint alleges facts sufficient to establish a "strong inference" that the defendant acted with intent to deceive, as required by the Private Securities Litigation Reform Act of 1995, must a court also consider competing inferences of an innocent mental state that might be drawn from the same facts?

Note:

EXPEDITED BRIEFING SCHEDULE

Holding: judgment vacated and remanded
Vote: 8-1
Opinion By:
Read TELLABS INC. V. MAKOR ISSUES & RIGHTS opinion (PDF)
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