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Category Archives: Securities Litigation
Liability for False Statements of Opinion Under Section 11 of the 1933 Securities Act
In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435 (March 24, 2015), the Supreme Court resolved the proper standard by which to determine whether a false statement of opinion is actionable under Section 11 of the … Continue reading
Posted in Business Litigation, Securities Litigation, Supreme Court
Tagged Justice Kagan, liability for false opinions, liability for omissions, Omnicare Inc. v. Laborers District Council, Section 11, securities class actions, Securities Litigation
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Curbing Agency Power: Is Deference Owed to Agency Interpretations of Criminal Statutes?
Buried at the end of 24 pages of Supreme Court Orders on November 10, 2014 is an intriguing three-page Statement by Justice Scalia, joined by Justice Thomas, respecting the denial of certiorari in Whitman v. United States, No. 14-29. Whitman involved a criminal … Continue reading
Posted in Criminal Law, Securities Litigation, Supreme Court
Tagged agency interpretation of criminal statutes, deference to administrative agencies, Supreme Court, Supreme Court securities decisions
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Supreme Court Rules that Securities Litigation Uniform Standards Act Does Not Foreclose State Fraud Actions Not Based on a Covered Security
In Chadbourne & Parke LLP v. Troice, Nos. 12-79 et al. (February 26, 2014), the Supreme Court held, by a seven-to-two margin, that the Securities Litigation Uniform Standards Act (“SLUSA”) did not bar a state law fraud action in which … Continue reading
Posted in Securities Litigation, Supreme Court
Tagged Chadbourne & Parke LLP v. Troice, Securities Litigation, Securities Litigation Uniform Standards Act, state law fraud actions, Supreme Court
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Is the Basic Inc. v. Levinson Presumption of Reliance in Trouble?
In today’s decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, the Supreme Court held, by a 6 to 3 margin, that securities class plaintiffs need not first demonstrate materiality in order to obtain certification of their claims. While this … Continue reading
Posted in Securities Litigation
Tagged #Scotus, Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, Basic, fraud on the market presumption, Inc. v. Levinson, presumption of reliance, reliance, securities class actions
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