Articles + Publications November 25, 2025

Willful Blindness: A New Pathway to Scienter in the Third Circuit

Written by

Jay A. Dubow Erica Hall Dressler Katie Rose Hancin

In a precedential opinion issued on Oct. 15, 2025, the U.S. Court of Appeals for the Third Circuit held that willful blindness, or what other courts have described as an egregious refusal to see the obvious or investigate the doubtful, can support a strong inference of scienter when the undiscovered facts are those that rendered a statement false or misleading.

Click here to read the full article in The Legal Intelligencer.

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