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· 11/17/1998

Federal Case

Citations

  • 163 F.3d 102

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “there is no duty to update” if “the original statements are not material” (citations omitted)
  • noting that suits under Section 10(b) or Rule 10b–5 require the plaintiff to allege a false or misleading statement or omission
  • noting that suits under Section 10(b) or Rule 10b-5 require the plaintiff to allege a false or misleading statement or omission
  • explaining that the statements about the safety of the dividend were neither false nor misleading because the defendant maintained the dividend at its prior level after the statements were made
  • finding no duty to update “vague statements of optimism or expressions of opinion” that “lack the sort of definite positive projections that might require later correction.”
  • finding that the defendant’s statement that the company was not concerned about covering the dividend this quarter was not actionable because “it contains no long-term guarantee or assurance” and was “an expression of optimism that is too indefinite to be actionable under the securities laws.”

Source: CourtListener parenthetical corpus (CC0).

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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.