Alert
Close

Watch the NASCAR race on Sunday at Martinsville Speedway. Join the Drive to End Hunger!

Donate

Be part of the solution.

Help AARP Foundation win back opportunity for struggling Americans 50 and over.

Charity Rating

AARP Foundation earns high rating for accountability from a leading charity evaluator. Read

about
Foundation

AARP Foundation is dedicated to serving vulnerable people 50+ by creating solutions that help them secure the essentials and achieve their best life. Read

 

Foundation Overview
Governance
Executive Leadership
Financial Information
Diversity Practices

Matrixx Initiatives Inc. v. Siracusano Amicus Brief

2010-11 preview of the U.S. Supreme Court

The Ninth Circuit’s approach to the scienter requirement in this securities fraud action is well grounded in this court’s precedent. The conclusion that the actions of petitioner Matrixx Initiatives Inc. (“Matrixx”), as alleged in the complaint, give rise to a strong inference of scienter follows naturally from this court’s decision in Tellabs Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007). Allegations that Matrixx was aware of anecdotal and scientific evidence raising questions about a Zicam-anosmia link are sufficiently particularized to satisfy the pleading standard for securities fraud, and the assertion that the company sought to hide or refute this evidence with deliberate recklessness is at least as compelling as any plausible nonculpable explanation. … Back to Article

Topic Alerts

You can get weekly email alerts on the topics below. Just click “Follow.”

Manage Alerts

Processing

Please wait...

progress bar, please wait

Search Legal Advocacy

Find
Legal Cases

Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

Make a Difference. Donate.

Make a Difference — support programs that help vulnerable seniors who are struggling to make ends meet.