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Second Circuit Addresses Collective Scienter

The Second Circuit recently issued an important decision in <i>Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc.,</i> which has significant implications for securities class action litigation and the continuing fallout from the crisis in the credit markets. The decision addressed the issue of collective scienter, or whether a corporation can commit securities fraud when none of its individual agents acted with fraudulent intent.

19 minute read September 26, 2008 at 12:20 AM
By
Edward J. Fuhr, Terence J. Rasmussen, And Steven M. Haas
Second Circuit Addresses Collective Scienter

The Second Circuit recently issued an important decision in Teamsters Local 445 Freight Div. Pension Fund v. Dynex Capital Inc., 531 F.3d 190 (2d Cir. 2008) (“Dynex“), which has significant implications for securities class action litigation and the continuing fallout from the crisis in the credit markets.

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