Tag: statement of opinion

In re Sanofi: 2d circuit considers misleading statements of opinion after Omnicare

by Cydney Posner In an early appellate decision applying Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund,  a three-judge panel of the 2d Circuit,  on March 4, issued its opinion in  In re Sanofi. The plaintiffs in that case had alleged that defendants’ material omissions regarding a drug candidate – […]

SCOTUS hears Omnicare: when can a statement of opinion be actionable as a “false statement of material fact”?

by Cydney Posner Yesterday, SCOTUS heard oral argument  in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund. The case seeks to answer this question: when can a statement of opinion be actionable as a “false statement of material fact”?  That is, for purposes of Section 11, a “strict […]