San Leandro Emergency Medical Group Profit Sharing Plan v. Philip Morris Companies, Inc.

U.S. Court of Appeals, Second Circuit · Decided 1996-01-25

Cited by 563 later decision(s) in our corpus · see the citation network in Lexace

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JON O. NEWMAN, Chief Judge: This appeal concerns the recurring issue of whether a complaint alleging securities fraud is sufficient to survive a motion to dismiss. More precisely, the issue is whether, under the circumstances of this case, a company has a duty to disclose its consideration of an alternative business plan in order to prevent its prior statements from becoming misleading. The issue arises on an appeal by membe…

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