On a second appeal to the Supreme Court, Halliburton tried to persuade the court to overrule Basic to the extent that it created a presumption of reliance derived from the fraud-on-the-market theory and, in cases where a plaintiff invokes the Basic presumption, to allow the defendant to rebut the presumption and prevent class certification by introducing evidence that any alleged misrepresentations
did not actually distort the stock price.
According to the court, the alleged misrepresentations
and omissions regarding the security of Sony's network, particularly allegations that Sony would take "reasonable security measures" to safeguard personal data, could create an "overall misleading impression" to consumers.
Deutsche Bank has agreed to a settlement following a lawsuit filed by Allstate Corp alleging misrepresentations
and omissions with regard to loans backing USD185m in mortgage securities.
Although rates of publication record misrepresentation
appear to vary widely between different types of residency programs, it is accepted that publication misrepresentations
are indeed present among residency and fellowship applicants.
nature of the situations in which negligent misrepresentations
(HP) was going to take an $8.8 billion hit thanks to misrepresentations
by a software company it purchased last year, the finger-pointing began.
Few employers, if they detect serious misrepresentations
, go further than disqualifying the candidate.
DR David Clubb used misrepresentations
to advertise the work of his trade organisation, the former British Wind Energy Association; now Renewables UK (Letters, October 25).
on insurance applications subject the insured to the chance an insurance policy will be rescinded.
are "the most litigated issue in life
Funa last July 8 issued the cease-and-desist order against Caritas Health following 'numerous complaints received by the IC on the alleged fraudulent swiping of credit/debit cards and alleged misrepresentations
of the company's sales agents.'