Litigation News, a publication of the American Bar Association (ABA) Section of Litigation, quoted Pat Linehan in an article titled "New Guidance on Attaching Documents to Motion to Dismiss." The article, published in the Winter 2019 issue, discusses how the Ninth Circuit’s rejection of extraneous documents in evaluating a motion to dismiss is incompatible with a plaintiff’s pleading requirements in securities litigation.
Linehan, Washington, DC, co-chair of the White Collar Subcommittee of the Section's Securities Litigation Committee, says: "The Ninth Circuit got it wrong. The holding cannot be reconciled with Tellabs's mandate to consider context in the evaluation of whether a securities complaint has adequately pleaded scienter. And under the Rules Enabling Act, the Private Securities Litigation Reform Act—as interpreted in Tellabs—cannot be abridged by a procedural rule."
The full article can be read at Litigation News.