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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.