Limitations on Omissions Liability for Opinions Following 'Omnicare'

"Everyone is entitled to his own opinion, but not his own facts." The Supreme Court has applied this maxim to the securities laws, holding in Omnicare v. Laborers District Council , that while statements of opinion generally are not actionable, there are some narrow circumstances in which such statements entail or imply false or misleading assertions of fact.

10 minute read May 01, 2023 at 12:05 AM
By
Gregory Silbert and Joshua Wesneski
Limitations on Omissions Liability for Opinions Following 'Omnicare'

The late Senator Daniel Patrick Moynihan famously wrote, "Everyone is entitled to his own opinion, but not his own facts." The Supreme Court has applied this maxim to the securities laws, holding in Omnicare, Inc. v.

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