Mesko v. Cabletron System, Inc.

How courts have described this case

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

• concluding that allegations permitted strong inference of scienter, in part, because three defendants sold approximately one-third of their holdings, and two defendants sold more than 90 percent of theirs
• indicating that complaint met particularity requirement based on the accounts of multiple anonymous employees familiar with the alleged activities
• noting that allegations of a company’s “unremittingly optimistic” statements in the face of numerous adverse factors, coupled with company efforts to “hide th[e] downward spiral,” were sufficient to state a claim
• stating that a company was “under no obligation to disclose information on industry-wide trends that was available to the public”
• explaining that scienter also \mayextend to a form of extreme recklessness that /is closer to a lesser form of intent'\
• rejecting a test requiring legal “control” over third parties making state­ Cite as: 564 U. S. (2011

Source: CourtListener parenthetical corpus (CC0).