· 7/31/2014
Vaughn Leroy Meyer v. JinkoSolar Holding Co.
Citations
- 761 F.3d 245
- 2014 WL 3747181
- 2014 U.S. App. LEXIS 14637
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 company's statements regarding specific compliance measures were misleading since the company knew those measures were failing to prevent regulatory violations
- holding that discussion about pollution-abatement efforts that “gave comfort to investors that reasonably effective steps were being taken to comply with applicable environmental regulations” triggered requirement to disclose known “substantial violations of [those] regulations”
- explaining that a corporation is not required “to disclose a fact in the offering documents merely because a reasonable investor would very much like to know that fact” (citation and quotation marks omitted)
- acknowledging the defendant company did not guarantee compliance and stating “[s]uch compliance may often be unobtainable, and reasonable investors may be deemed to know that”
- noting a “technically true” statement regarding compliance was nonetheless misleading due to omission regarding existing problems
- affirming denial of summary judgment because trier of fact could find omissions regarding ongoing compliance violations may have \render[ed] misleading the comforting statements ... about compliance measures\
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Walker, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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