Sarah S. Gold, a partner at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, write that the Third Circuit has recently joined the Fifth and Seventh Circuits in holding that group pleading is no longer viable after the PSLRA to attribute either scienter or a misstatement to a defendant. Although these three influential circuit courts have rejected the doctrine, neither the Second Circuit nor the U.S. Court of Appeals for the Ninth Circuit, where the doctrine originated, has spoken.
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Corporate and Securities Litigation
New York Law Journal
December 12, 2007
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