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Ninth Circuit· 3/18/2008

Miller v. Thane International, Inc.

Citations

  • 519 F.3d 879
  • 2008 U.S. App. LEXIS 5688
  • 2008 WL 706858

How courts have described this case

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

  • recognizing that “statements literally true on their face may nonetheless be misleading when considered in context”
  • holding, in the securities fraud context of § 12(a)(2) of the Securities Act of 1933, that “statements literally true on their face may nonetheless be misleading when considered in context”
  • “[ijnves-tors are not generally required to look beyond a given document to discover what is true and what is not.”
  • “[T]he disclosure required by the securities laws is measured not by literal truth, but by the 18 ability of the material to accurately inform rather than mislead[.]”
  • dis cussing reasonable investor test for materiality in a section 12(a)(2) claim
  • “Investors are not generally required to look beyond a given document to discover what is true and what is not. Ordinarily, omissions by corporate insiders are not rendered immaterial by the fact that the omitted facts are otherwise available to the public.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Judges: Silverman, Wardlaw, Bybee

Read full opinion on CourtListener

Sourced 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.