§ 3.01. Rule 9(b) as PSLRA Pleading Precursor

§ 3.12. Denial of Petition For Certiorari in Novak

§ 3.02. PSLRA Enhanced Pleading Standard - Legislative History in a Nutshell

§ 3.13. Novak Applied

§ 3.03. The Circuit Courts of Appeals Speak – A Summary

[1] Introduction

§ 3.04.  Eighth Circuit and the PSLRA Enhanced Pleading Provisions

[2]   Judge Thrash and the Northern District of Georgia

§ 3.05. Ninth Circuit — Silicon Graphics ¾ Deliberate Recklessness and More

[3]   Judge Lechner v. Judge Irenas in the District of New Jersey

§ 3.06. Motive  and Opportunity – A Sampling

[4]   Judge Moreno and the Southern District of Florida

§ 3.07. The First Circuit — Strong Inference v. Reasonable Inference

[5]  Judge Kimball and the District of Utah

§ 3.08. Second Circuit — PSLRA Adopts Second Circuit State of Mind Pleading Standard

[6]   Judge Young — Information and Belief as Only One Part of the Puzzle

§ 3.09. Circuit Courts -- Contrast or Common Grounds or Some of Both -- Seeping into the District Courts

§ 3.14. Eighth Circuit’s Distinctive Approach to Information and Belief

[1] Tenth Circuit – Defendants’ Knowledge of Materiality as an Aspect of Scienter
[a]  Focus on Materiality
[b]  Generalized Motives Shared by all Companies
[c]  What Does a Company Know?

§ 3.15 What does the Company Know?

[2] Fifth Circuit – Defendants had to Know Inference
[a]  A Smoking Gun?
[b]  Fifth Circuit on Motive and Opportunity
[c]  District Court Applies Zonagen

§ 3.16. Pleading Section 11 or Section 12(a)(2) Actions

§ 3.10. Information and Belief Proviso Takes Center Stage -- Second Circuit and the Information and Belief Proviso

[2]  Is Rule 9(b) Applicable to a Section 11 or Section 12(a)(2) Claim?

 § 3.11. From the Abstract to a Working Framework ¾ Reconciling Silicon Graphics and Novak