The petition of the day is:

13-435

Issue: 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.

Posted in Omnicare v. Laborers District Council Construction Industry Pension Fund, Cases in the Pipeline

Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Feb. 6, 2014, 10:41 PM), http://www.scotusblog.com/2014/02/petition-of-the-day-549/