failed to check information they had a duty to monitor.' Teamsters Local 445 Freight Div. Recklessness is often shown when the plaintiff alleges that the defendants 'knew facts or had access to information suggesting that their public statements were not accurate. 2005) ('Recklessness in the scienter context cannot be merely enhanced negligence.'). 2000) (quotation and citation omitted) see also In re JP Morgan Chase Sec. To properly allege recklessness, the plaintiff must plead 'a state of mind approximating actual intent, and not merely a heightened form of negligence.' Novak v. Recklessness is defined as conduct that is 'highly unreasonable and which represents an extreme departure from the standards of ordinary care to the extent that the danger was either known to the defendant or so obvious that the defendant must have been aware of it.' Kalnit, 264 F.3d at 142 (quotation omitted). 2007) (noting that 'the strength of the recklessness allegations must be greater than that of allegations of garden-variety fraud, and the inference of recklessness must be at least as compelling as any opposing inferences.'). 2001) (quotation omitted) see also In re Bayou Hedge Fund Litig., 534 F. Where the plaintiff pleads scienter by conscious misbehavior or recklessness rather than motive, 'the strength of the circumstantial allegations must be correspondingly greater.' Kalnit v.If so, then scienter has been adequately pleaded.

According to the Supreme Court, the critical inquiry is: 'hen the allegations are accepted as true and taken collectively, would a reasonable person deem the inference of scienter at least as strong as any opposing inference?' Id. Once it has considered the complaint in this light, the court should find that scienter has been adequately pleaded only if a 'cogent and compelling' inference regarding the requisite state of mind can be drawn.

In order to determine whether a complaint has adequately pleaded scienter, a court should examine all of the facts alleged collectively or 'holistically' (without parsing individual allegations), and take into account any inference concerning scienter - supporting or opposing - which can be drawn from the complaint.

Medis technologies fuel cell