Legal Opinion
MHC Mutual, Conversion Fund, L.P. v. Sandler O'Neill & Partners, L.P.
Court of Appeals for the Tenth Circuit
Decided August 1, 2014No. 13-1016PublishedCited by 8 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
When does section 11 of the Securities Act of 1933 impose liability on issuers who offer opinions about future events? The statute prohibits companies from making statements that are false or misleading. Establishing that an opinion about the future failed to pan out in the end may go some way to meeting that standard but it doesn’t go all the way. After all, few of us would label a deeply studied, carefully expressed, and earnestly held opinion about the future as false or misleading at the time it’s made simply because later events proved it wrong. To establish…
2Cases cited42 opinions
- Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991
- Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
- In Re Time Warner Inc. Securities LitigationCourt of Appeals for the Second Circuit · 1993
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3Cited by8 opinions
- Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension FundSupreme Court of the United States · 2015
- Anderson v. Spirit AeroSystems Holdings, Inc.Court of Appeals for the Tenth Circuit · 2016
- Hampton v. Root9B TechnologiesCourt of Appeals for the Tenth Circuit · 2018
- Miller Inv. Trust v. Morgan Stanley & Co.District Court, District of Columbia · 2018
- U.S. ex rel. USN4U, LLC v. Wolf Creek Fed. Servs., Inc.Court of Appeals for the Sixth Circuit · 2022
3 more not listed; retrieve them via the Exa API.