In a dissenting opinion, Judge Phillips stated "[n]o single fact is dispositive in a scienter analysis because we assess all the facts alleged, not individual allegations … [and] [t]he majority simply elevates the complaint's failure to allege a particular fact to a dispositive status not warranted by precedent." Judge Phillips further stated that he found the allegations as a whole to be sufficient to allege scienter as it relates to some of the individual defendants and, therefore, "also impute that scienter to [the Company]." Links & Downloads - Meitav Dash Provident Funds and Pension Ltd., et al. v. Spirit AeroSystems Holdings, et al. [ View source .]