Petition of the day
By Mary Pat Dwyer
on Feb 7, 2014
The petition of the day is:
13-435
Issue: Whether, for purposes of a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. 77k, a plaintiff may plead that a statement of opinion was untrue merely by alleging that the opinion itself was objectively wrong, as the Sixth Circuit has concluded, or must the plaintiff also allege that the statement was subjectively false requiring allegations that the speakers actual opinion was different from the one expressed as the Second, Third, and Ninth Circuits have held.
Posted in Cases in the Pipeline
Cases: Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund
Recommended Citation:
Mary Pat Dwyer,
Petition of the day,
SCOTUSblog (Feb. 7, 2014, 12:00 AM),
https://www.scotusblog.com/2014/02/petition-of-the-day-549/