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SCOTUS Curbs 'Pure Omissions' Lawsuits

By Jimmy Hoover
May 01, 2024

In a unanimous victory to the securities industry, the U.S. Supreme Court curbed investor lawsuits based on a company's mere failure to disclose known trends likely to affect their revenues.

In a 9-0 opinion, Justice Sonia Sotomayor wrote that such "pure omissions are not actionable" under the U.S. Securities and Exchange Commission's securities fraud rule known as Rule 10b-5. Instead, investors can bring such suits only when such omissions create "misleading half-truths."

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