Auer v. Nitkey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the PSLRA “heightened the requirement for pleading scienter to the level used by the Second Circuit”
• “The Second Circuit has been lenient in allowing scienter issues to withstand summary judgment based on fairly tenuous inferences.”
• “To require more in pleading of motive ... would make virtually impossible a plaintiffs ability to plead scienter in a financial transaction involving a corporation, institution, bank or the like that did not involve specifically greedy comments from an authorized corporate individual.”
• heightened pleading requirement for scienter

Source: CourtListener parenthetical corpus (CC0).