· 10/25/2023
Diehl, C. v. Phila. Co. Clerk Jud. Records
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that “reliance ... is an essential element of the [scheme liability] private cause of action”
- holding that loss causation — proof that the defendant’s deceptive conduct caused their claimed economic loss — need not be shown to obtain class certification
- holding that the fraud-on-the-market presumption did not apply because business partners’ “deceptive acts were not communicated to the public” (emphasis added)
- concluding that the implied right of action under § 10(b) could not be used by investors to hold certain entities liable “because the investors did not rely upon [the entities’] statements or representations”
- finding that defendants had no duty to disclose and thus were not liable to customers of a collaborating co-defendant for misstatements
- noting that “[cjonduct itself can be deceptive,” and liability under Section 10(b) and Rule 10b-5 does not require “a specific oral or written statement”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.