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It involves a wide range of issues from basic separation of power issues to core securities litigation policy. With this is mind, the Court decided to take a rather narrow look at the case, asking parties to solely address the question of:
“Whether this Court’s decision in Central Bank, N.A. v. First Interstate Bank, N.A., 511 U.S. 164 (1994), forecloses claims for deceptive conduct under § 10(b) of the Securities Exchange Act of 1934… and Rule 10b-5…, where Respondents engaged in transactions with a public corporation with no legitimate business or economic purpose except to inflate artificially the public corporation’s financial statements, but where Respondents themselves made no public statements concerning those transactions” (Bainbridge)...
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