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Primary liability for misstatements and omissions under Rule 10b-5(b).
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Contributed in 2008 by David Gold
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Misstatement/omission claims (10b-5(b)): Primary liability for...
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complete authority for rule...
Individual issues of reliance do not bar a finding of predominance in support of class certification under Federal Rule of Civil Procedure 23(b)(3)...See In re Badger Mountain Irrigation District Securities Litigation, 143 F.R.D. 693, 697-98 (W.D. Wash. 1992).
in support of
Individual issues of reliance do not bar a finding of predominance in support of class certification under Federal Rule of Civil Procedure 23(b)(3) in Rule 10b-5 actions.complete authority for rule...
Even one with a duty to disclose need not disclose all material information in order to avoid Rule 10b-5 liability for an omission.See Glazer v. Formica Corp., 964 F.2d 149, 156 (2d Cir. 1992) ("Even if information is material, there is no liability under Rule 10b-5 unless there is a duty to disclose it.").
in support of
Even one with a duty to disclose need not disclose all material information in order to avoid Rule 10b-5 liability for an omission.vouch for authority for rule...
In order to satisfy the conduct test creating federal subject matter jurisdiction over a Rule 10b-5 claim arising from a transnational transaction,...Leasco Data Processing Equipment Corp. v. Maxwell, 468 F.2d 1326, 1335 (2d Cir. 1972).
in support of
In order to satisfy the conduct test creating federal subject matter jurisdiction over a Rule 10b-5 claim arising from a transnational transaction, the wrongdoer's conduct within the United States must have been more than merely preparatory to fraud committed elsewhere and must have directly caused the harm.