Ernst & Ernst v. Hochfelder

Citation

425 U.S. 185 (1976)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

A private cause of action under § 10(b) and Rule 10b-5 requires proof of scienter — an intent to deceive, manipulate, or defraud; negligence is insufficient.

Significance

Established scienter as a required element of private Rule 10b-5 claims, foreclosing negligence-based securities fraud actions.

Courses