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MIMI INVESTORS, LLC v. TUFANO

No. 57 MAP 2022.

297 A.3d 1272 (2023)

MIMI INVESTORS, LLC, Appellee v. Paul K. TUFANO, David Crocker, Dennis Cronin, and Neil Matheson, Appellants.

Supreme Court of Pennsylvania.

Decided: July 19, 2023.

Attorney(s) appearing for the Case

Veronica Natasha Hoof, Esq. , Governor's Office of General Counsel, for Amicus Curiae Department of Banking and Securities.

Joel Max Eads, Esq. , George Jeffrey Farrell, Esq. , Greenberg Traurig, LLP, Philadelphia, PA, for Appellant.

Jeffrey Kurtzman, Esq. , Kurtzman Steady, LLC, Christopher John Leavell, Esq. , U.S. Bankruptcy Court, Eastern District of Pennsylvania, Philadelphia, PA, for Appellee.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

In this matter of first impression, we address whether a plaintiff must plead and prove scienter1 as an element of 70 P.S. § 1-401(b),2 a provision of the Pennsylvania Securities Act of 1972 ("PSA").3

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