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Maguire Financial, LP v. PowerSecure International, Inc., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 16-2163 · judgment November 15, 2017

Certiorari denied · May 21, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Did the United States Court of Appeals for the Fourth Circuit apply an erroneous standard for alleging scienter under Section 10(b) of the Securities Exchange Act of 1934 that directly conflicts with the standard this Court established in Tellabs, Inc. v. Makor Issues & Rights, 551 U.S. 308 (2007), by requiring that the inference of scienter be more compelling than any opposing inference of non-culpability one could draw from the facts alleged?

Counsel of record

For petitioner
David A. P. Brower
Brower Piven

For respondent
Barry Martin Kaplan
Wilson Sonsini Goodrich & Rosati, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 21 2018
    Petition DENIED.
  2. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  3. Apr 16 2018
    Brief of respondents Powersecure International, Inc., et al. in opposition filed.
  4. Mar 12 2018
    Petition for a writ of certiorari filed. (Response due April 16, 2018)