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Words related to scienter

(law) deliberately or knowingly

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References in periodicals archive ?
Court examined the pleading standard for scienter in actions under
In Iowa, the HIV exposure statute triggers harsher judgment based on the level of scienter the seropositive person possessed at time of exposure, and if exposure resulted in infection.
Consider first an issuer liability scheme whereby liability is only imposed on the issuer if some relevant top official has scienter with respect to this information, in essence the Rule 10b-5 damages action scheme.
18) ChinaCast filed a motion to dismiss based on the plaintiffs' failure to plead the element of scienter adequately as required under the Private Securities Litigation Reform Act (the PSLRA) and the Federal Rules of Civil Procedure.
was seemingly narrow: whether an infringer's good faith belief that the patent at issue is invalid should negate the scienter requirement for inducing patent infringement.
done with Scienter (a sufficiently bad mental state)
As with [section] 793(a) and (b), the scienter requirements of
Courts Take Flight: Scienter and the Migratory Bird Treaty Act, 36 Wash.
A century of accounting scandals has not made courts more likely to infer the scienter necessaiy for auditor liability.
The choice posited by Roberts as an indicium of tax means that people who pay the tax will intentionally have chosen not to buy the insurance--establishing scienter.
Some argue that the federal securities laws, enacted in 1933 and 1934, and requiring scienter, do or should preempt the Martin Act.
156) The SEC's view, since 1998, has been that primary liability under Rule 10b-5 should be imposed where "a person, acting alone or with others, creates a misrepresentation--assuming, of course, that he or she acts with the requisite scienter.
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