Hopper's Administrator v. Hopper

How courts have described this case

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

• finding alleged misstatements and omissions implying strong demand for company products were material and not puffery
• scienter found where defendant retained 94% of holdings but sold 1.2 million shares for profits of $50 million
• scienter found where defendant retained “a substantial percentage” of his holdings but sold 1.2 million shares for profits of $50 million
• “Any characterizations of past events or current conditions, or prefacing otherwise non-forward-looking statements with words of futurity or belief does not bring the statements within the protection of the safe harbor.”
• “Although a corrective disclosure must be related to the same subject as the misrepresentation, and not some other adverse facts about the company, there is no requirement that the disclosure mirror the earlier misrepresentation.”
• “[T]he most powerful evidence of scienter is the content and context of the statements made by [the defendants], which were made ‘in response to . . . analysts[’] questions.” (internal quotation marks omitted) (quoting Avaya, 564 F.3d at 269)

Source: CourtListener parenthetical corpus (CC0).