Topic: affirmatively creates an impression of a state of affairs t… · Go Syfert
← All topics

Topic #15208

6 canonical passages across 5 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Jules Brody Joyce T. Crawford v. Transitional Hospitals Corporation Wendy L. Simpson Richard L. Conte.

#Case FlagCanonical passage Citers
1 Jules Brody Joyce T. Crawford v. Transitional Hospitals Corporation Wendy L. Simpson Richard L. Conte Anchor
ca9 · 2002
green “affirmatively creates an impression of a state of affairs that differs in a material way from the one that actually exists.” 8
2 Jules Brody Joyce T. Crawford v. Transitional Hospitals Corporation Wendy L. Simpson Richard L. Conte
ca9 · 2002
green “to be actionable under the securities laws, an omission must be misleading; in other words it must affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists.” 7
3 B & M Linen, Corp. v. Kannegiesser, USA, Corp.
nysd · 2010
green “because plaintiff has asserted that defendants violated california's securities laws when they made false statements and withheld material information, the claim sounds in fraud and must comply with rule 9(b).” 3
4 Securities & Exchange Commission v. Lyon
nysd · 2008
green “the circumstances constituting fraud” 3
5 Caiafa v. Sea Containers Ltd.
ca2 · 2009
green “relies on the same factual allegations that served as a basis for the fraud-based claim” 3
6 In Re Vivendi Universal, S.A. Securities Litigation
nysd · 2003
green “the particularity requirement of the pslra is largely the same as rule 9(b), except when 'plaintiffs allege, on information and belief, that defendants made material misstatements or omissions,' in which case, 'the complaint must state with particularity all facts on which that …” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check