Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund
United States Supreme Court
575 U.S. ___ (2015)
Relevant factsFree
Omnicare's IPO registration statement expressed its opinion that its pharmaceutical contracts complied with the law, a belief the funds conceded was sincerely held but which later proved incorrect after government lawsuits followed; the funds sued under § 11 for both an untrue-statement theory and an omission theory, and the lower courts had applied an incorrect standard without distinguishing between the two.
IssueFree
Whether a sincere statement of pure opinion in a Securities and Exchange Commission registration statement is an untrue statement of material fact under section 11 of the Securities Act of 1933.
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