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micham2012

08/01/11 1:28 PM

#125634 RE: XenaLives #125382

The pleading war won't turn on the identity of the plaintiff.

I think it will be difficult to defeat the case at the pleading stage, but I hope that I am wrong. I would need to review the 9th Circuit cases since Tellabs (Supreme Court opinion on pleading scienter in PSLRA cases). My guess is that the Glancy Binkow firm knows this law quite well, and would not have started down this road if it did not think it could survive the pleading stage.