Hannah Finkel v. Docutel/olivetti Corporation

How courts have described this case

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

• noting that the fraud on the market presumption \constructs an environment which is hospitable to the reliance presumption of Affiliated Ute” and that the two presumptions \interact”
• “A court must, therefore, analytically characterize a 10b-5 action as either primarily a nondisclosure case (which would make the presumption applicable), or a positive misrepresentation case.”
• “the Affiliated Ute presumption and the ‘fraud on the market’ theory ... interact.”
• “Cases involving primarily a failure to disclose implicate the first and third subsections of Rule 10b — 5; cases involving primarily a misstatement or a failure to state a fact necessary to make the statements made not misleading implicate the second subsection .... ”

Source: CourtListener parenthetical corpus (CC0).