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Tellabs, Inc. v. Makor Issues & Rights, Ltd.

United States Supreme Court

551 U.S. 308 (2007)

Relevant factsFree

Tellabs, Inc. (defendant), a fiber-optic equipment maker led by CEO Richard Notebaert (defendant), issued increasingly optimistic -- and in some instances allegedly false -- statements about its growth prospects and financial condition between late 2000 and mid-2001, allegedly inducing investors to buy Tellabs stock before its true financial condition became public. Shareholders (plaintiff) filed a securities-fraud class action under SEC Rule 10b-5; the district court twice dismissed the complaint for failing the PSLRA's heightened pleading standard requiring a "strong inference" of scienter, the second time with prejudice, but the Seventh Circuit reversed, and Tellabs and Notebaert sought Supreme Court review.

IssueFree

Whether a securities-fraud complaint under the PSLRA must allege facts giving rise to an inference of fraudulent intent that is at least as compelling as any opposing, innocent inference in order to survive a motion to dismiss.

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