Todays arguments before the US Supreme Court: 1. Zivotofsky v. Kerry Whether a federal statute that directs the Secretary of State, on request, to record the birthplace of an American citizen born in Jerusalem as born in Israel on a Consular Report of Birth Abroad and on a United States passport is unconstitutional on the ground that the statute impermissibly infringes on the Presidents exercise of the recognition power reposing exclusively in him. This is actually pretty interesting: scotusblog/2014/11/argument-preview-court-edges-close-to-the-mideast-cauldron/ 2. Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund Whether, for purposes of a claim under Section 11 of the Securities Act of 1933, 15 U.S.C. § 77k, a plaintiff may plead that a statement of opinion was “untrue” merely by alleging that the opinion itself was objectively wrong, as the Sixth Circuit has concluded, or must the plaintiff also allege that the statement was subjectively false – requiring allegations that the speaker’s actual opinion was different from the one expressed – as the Second, Third, and Ninth Circuits have held. In other words. When is an opinion a fact for securities fraud purposes? scotusblog/2014/11/argument-preview-when-is-an-opinion-a-fact-for-securities-fraud-purposes/
Posted on: Tue, 04 Nov 2014 00:07:00 +0000
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