In Re Time Warner Inc. Securities Litigation

How courts have described this case

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

• holding that a plaintiff must allege either “facts establishing a motive to commit fraud and an opportunity to do so” or “facts constituting circumstantial evidence of either reckless or conscious behavior”
• holding that defendant’s statements suggesting “the hope” of the company that strategic alliance negotiations would “go well …. did not become materially misleading when the talks did not proceed well”
• noting that truth of affirmative misstatement must be evaluated at time statement is made
• explaining that “the 6 function of financial reporters . . . is to determine the truth about the affairs of 7 publicly traded companies”
• explaining that there is no requirement “to disclose a fact merely because a reasonable investor would very much like to know that fact”
• agreeing that no affirmative misrepresentation was alleged where the factual assertions were not false when made

Source: CourtListener parenthetical corpus (CC0).