From Casetext: Smarter Legal Research

Harris v. Ivax Corp.

United States Court of Appeals, Eleventh Circuit
Apr 20, 2000
209 F.3d 1275 (11th Cir. 2000)

Summary

classifying the statement "the challenges unique to this period in our history are now behind us" as forward-looking

Summary of this case from IN RE ESS TECHNOLOGY, INC. SECURITIES LITIGATION

Opinion

No. 98-4818.

DECIDED April 20, 2000.

Atlee W. Wampler, III, Wampler, Buchanan Breen, P.A., Miami, FL, Mark Levine, Jules Brody, Stull, Stull Brody, New York City, for Plaintiffs-Appellants.

Eugene E. Stearns, Bradford Swing, Stearns, Weaver, Miller, Weissler, Alhadeff Sitterson, P.A., Miami, FL, for Defendant-Appellees.

Appeal from the United States District Court for the Southern District of Florida (No. 97-559-CV-FAM); Federico A. Moreno, Judge.

Before COX and HULL, Circuit Judges, and COHILL, Senior District Judge.

Honorable Maurice B. Cohill, Jr., Senior U.S. District Judge for the Western District of Pennsylvania, sitting by designation.


ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC


The Securities and Exchange Commission, permitted to file a brief in partial support of a petition for rehearing and suggestion for rehearing en banc filed by the plaintiffs, has argued that our opinion in this case erroneously implies that a "cautionary statement" could still be "meaningful," and thus shield a company from liability for a false forward-looking statement, even if the cautionary statement knowingly omits a fact that is such a market-driver that it dwarfs the listed "factors that could cause actual results to differ." 15 U.S.C. § 78u-5 (c)(1)(A)(i). We write only to confirm that this argument was not made to the panel, and that we have therefore not considered it.

The petition for rehearing is otherwise DENIED, and no member of this panel nor other judge in regular active service on the court having requested that the court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), the Suggestion of Rehearing En Banc is DENIED.


Summaries of

Harris v. Ivax Corp.

United States Court of Appeals, Eleventh Circuit
Apr 20, 2000
209 F.3d 1275 (11th Cir. 2000)

classifying the statement "the challenges unique to this period in our history are now behind us" as forward-looking

Summary of this case from IN RE ESS TECHNOLOGY, INC. SECURITIES LITIGATION

classifying the statement "the challenges unique to this period in our history are now behind us" as a forward-looking statement

Summary of this case from In re Splash Technology Holdings, Inc. Securities Litigation
Case details for

Harris v. Ivax Corp.

Case Details

Full title:ALAN M. HARRIS, Yitzchok Wolpin, Fausto Pombar, Plaintiffs-Appellants, v…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Apr 20, 2000

Citations

209 F.3d 1275 (11th Cir. 2000)

Citing Cases

IN RE PDI SECURITIES LITIGATION

fendant's] calculations will not suffice; [the plaintiff] must show that [the defendant's] judgment — at the…

In re Unicapital Corporation Securities Litigation

As the Eleventh Circuit has explained, however, in assessing whether statements are subject to the…