Orexigen Decision At Odds With High Court Jurisprudence

By Douglas Greene, Jonathan Blattmachr and Madiha Zuberi (September 18, 2018, 1:58 PM EDT) -- Securities fraud class actions are governed by the Private Securities Litigation Reform Act of 1995, which amends the Securities Act of 1933 and the Securities Exchange Act of 1934. The Reform Act imposes heightened requirements for pleading whether a challenged statement was false or misleading, and if so, whether the defendant made it with intent to defraud, or scienter, under the securities laws. Congress specified that the district court "shall dismiss the complaint" on a motion to dismiss if it does not meet both of these statutory pleading requirements....

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