Forum

U.S. Supreme Court

Case Status

Resolved

Docket Number

Term

2024 Term

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Questions Presented

1. Whether plaintiffs seeking to allege scienter under the PSLRA based on allegations about internal company documents must plead with particularity the contents of those documents.

2. Whether plaintiffs can satisfy the PSLRA's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact.

Case Updates

U.S. Supreme Court dismisses writ of certiorari as improvidently granted, declining to address whether post hoc expert speculation can be substituted for particularized factual allegations of falsity and scienter

December 11, 2024

Order

U.S. Chamber files coalition amicus brief urging Supreme Court to prevent securities-fraud plaintiffs from circumventing the Private Securities Litigation Reform Act by substituting post hoc expert speculation for particularized factual allegations of falsity and scienter.

August 20, 2024

U.S. Chamber Coalition Amicus Brief

James N. Kramer of Orrick, Herrington & Sutcliffe LLP served as outside counsel.

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