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Related to misrepresentations: Innocent misrepresentation
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US District Judge Lucy H Koh in California said that the plaintiffs must be able to provide some evidence that they saw one or more of Apple's alleged misrepresentations, that they actually relied on those misrepresentations, and that they were harmed thereby.
According to Wiggins, when the definition of misrepresentation is controlled across studies, ''the results of studies finding large percentages of misrepresentations become more similar to studies finding smaller percentages.
Brown added, "The court agreed with our argument that the shareholders could not approve the merger, and then seek to circumvent federal securities laws by alleging state law claims that do not require proof of the defendants' misrepresentations in connection with that merger.
the use of rescission as the remedy for innocent misrepresentations and
In anticipation of these claims, I was interested to read the recent decision of the Wisconsin Supreme Court addressing whether the term "occurrence" includes misrepresentations in Stuart v.
According to Toronto law firm Rochon Genova Lllp, shareholders who bought shares of CIBC between May 31, 2007 and February 28, 2008 have alleged that the Canadian bank and its executives misrepresented CIBC's exposure to subprime investments, engaged in material misrepresentations and failed to make timely disclosures, contrary to securities regulation.
Many cases of written misrepresentations in the residential property context, whether fraudulent, negligent, or innocent, involve the representations made in a Property Condition Disclosure Statement (PCDS).
The BasePoint study noted that loans containing egregious misrepresentations were up to five times more likely to default in the first six months than loans that did not.
If the buyer is unable to locate the seller, the buyer may turn to the real estate agent and claim the agent breached his/her duty to conduct a reasonably competent and visual inspection, was negligent and made misrepresentations.
1627 (April 19, 2005), the United States Supreme Court held that the Ninth Circuit was wrong in ruling that a plaintiff satisfies the loss causation element of a 10b-3 cause of action simply by pleading and proving that, on the date of purchase, the defendants' misrepresentations artificially inflated the stock price.
Non-rescindable" here means that even if a carrier challenges an underlying D & O policy on the grounds that it was issued based on material misrepresentations contained in the application, the Side A policy provides immediate coverage for defense costs.
1975), the taxpayers claimed a theft loss deduction for a decline in stock value stemming from a corporate official's misrepresentations of the corporation's financial status.