· 10/8/1999
Greebel v. FTP Software, Inc.
Citations
- 194 F.3d 185
- 1999 U.S. App. LEXIS 25211
- 1999 WL 902898
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “there is nothing inherently improper in pressing for sales to be made earlier than in the normal course [of business]”
- concluding that standard under Reform Act is “congruent and consistent” with standard under Rule 9(b)
- holding that “to support even a reasonable inference of scienter ... the complaint must describe the violations with sufficient particularity”
- concluding that “the words of the [PSLRA] neither mandate nor prohibit the use of any particular method to establish an inference of scienter.”
- holding that the PSLRA imposes a more rigorous pleading standard than applied by any of the Courts of Appeals prior to the enactment of the statute
- holding that channel stuffing does not support a \strong inference” of scienter because \there may be any number of legitimate reasons for attempting to achieve sales earlier”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Noonan, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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