Securities Litigation: ALI-ABA Course of Study Materials, Volume 2American Law Institute-American Bar Association Committee on Continuing Professional Education, 1996 - Actions and defenses |
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Page 362
... matter of law because it involved " vague contingencies and speculation about the future " ; and statements about long - term goals or objectives were unactionable as a matter of law . More recently , in PPM America , Inc. v . Mar ...
... matter of law because it involved " vague contingencies and speculation about the future " ; and statements about long - term goals or objectives were unactionable as a matter of law . More recently , in PPM America , Inc. v . Mar ...
Page 424
... law and fact and is decided as a matter of law only if reasonable minds could not differ on the issue . TSC Industries , Inc. v . Northway , Inc. , 426 U.S. 438 ( 1976 ) . Nevertheless , in many recent cases courts have decided as a ...
... law and fact and is decided as a matter of law only if reasonable minds could not differ on the issue . TSC Industries , Inc. v . Northway , Inc. , 426 U.S. 438 ( 1976 ) . Nevertheless , in many recent cases courts have decided as a ...
Page 425
... matter of law ) , cert . denied , 114 S. Ct . 1219 ( 1994 ) ; United States v . Bingham , 992 F.2d 975 ( 9th Cir . 1993 ) ( de- fendant's misrepresentation of his name and status as an officer and director of company was immaterial as a ...
... matter of law ) , cert . denied , 114 S. Ct . 1219 ( 1994 ) ; United States v . Bingham , 992 F.2d 975 ( 9th Cir . 1993 ) ( de- fendant's misrepresentation of his name and status as an officer and director of company was immaterial as a ...
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11th Cir 2d Cir 9th Cir accountant-client privilege action for aiding aff'd aiding and abetting alleged apply attorney bespeaks caution broker-dealer cause of action cautionary statements cert claims class certification class members complaint Conference Committee controlling person Corp corporate court held damages defendant's denied directors disclosure discovery doctrine documents due diligence duty to disclose enforcement Exchange Act federal securities laws fees filed forward-looking statement investment investors issue issuer lawsuits lead plaintiff LEXIS liability limited matter of law Merrill Lynch misleading misrepresentation misstatement motion to dismiss N.D. Cal N.D. Ill omission party presumption projections prospectus provisions purchase reasonable Reform Act registration statement reliance respondeat superior safe harbor scienter Section 10(b Section 11 Securities Act securities class actions securities fraud securities regulators settlement shareholder statute summary judgment Supp transaction Transfer Binder U.S. Dist underwriters violation