Abstract

http://ssrn.com/abstract=1804915
 
 

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A Modest Proposal for Securities Fraud Pleading after Tellabs


Geoffrey P. Miller


New York University School of Law

April 7, 2011

NYU Law and Economics Research Paper No. 11-15

Abstract:     
This article criticizes the Tellabs standard for scienter pleading under federal securities law on the ground that it weeds out too many non‐frivolous cases. The article proposes a procedure designed to rectify the problem. Under the tentative dismissal approach, a dismissal under Tellabs would not end the litigation if the plaintiff filed an objection to the decision. Instead, the plaintiff would be required to pay the defendant’s attorneys’ fees incurred between the judge’s ruling on the motion to dismiss and the resolution of a motion for summary judgment.

Number of Pages in PDF File: 21


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Date posted: April 9, 2011  

Suggested Citation

Miller, Geoffrey P., A Modest Proposal for Securities Fraud Pleading after Tellabs (April 7, 2011). NYU Law and Economics Research Paper No. 11-15. Available at SSRN: http://ssrn.com/abstract=1804915 or http://dx.doi.org/10.2139/ssrn.1804915

Contact Information

Geoffrey P. Miller (Contact Author)
New York University School of Law ( email )
Center for the Study of Central Banks
40 Washington Square South
New York, NY 10012-1099
United States
212-998-6329 (Phone)
212-995-4590 (Fax)
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