The briefing is complete in Tellabs, Inc. v. Makor Issues & Rights, Ltd., the scienter pleading case currently before the U.S. Supreme Court. The extensive list of amicus briefs can be found on the court docket. The briefs available via public link include:
Petitioners (Tellabs, Inc. and Richard Notebaert)
Respondents (Makor Issue & Rights, Ltd., et al.)
Securities Industry and Financial Markets Association and Chamber of Commerce of the United States of America (Amicus/Petitioners)
American Institute of Certified Public Accountants, et al. (Amicus/Petitioners)
Washington Legal Foundation (Amicus/Petitioners)
SEC and DOJ (Amicus/Petitioners)
North American Securities Administrators Association (Amicus/Respondents)
Ohio and 23 Other States, Territories and Commonwealths (Amicus/Respondents)
Council of Institutional Investors (Amicus/Respondents)
Arkansas, Seven Other States, and Two Public Pension Funds (Amicus/Respondents)
Oral argument is set for March 28, 2007. The question presented is: "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."
Readers are encouraged to send in public links to any Tellabs briefs not listed here.
Addition: Thanks to Adam Savett for links to the Petitioners' brief and a few of the amicus briefs (added above).Posted by Lyle Roberts at March 15, 2007 8:09 PM | TrackBack