Mealey's (April 23, 2018, 1:36 PM EDT) -- PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel on April 20 ruled that pursuant to U.S. Supreme Court precedent, a federal district court improperly determined that a shareholder must plead scienter in making a claim under Section 14(e) of the Securities Exchange Act of 1934 instead of negligence, which is a departure from the holding of five other federal circuit courts that have ruled on the issue (Gary Varjabedian v. Emulex Corp., et al., No. 16-55088, 9th Cir., 2018 U.S. App. LEXIS 10000)....