How Omnicare V. Laborers Reached The High Court

How Omnicare V. Laborers Reached The High Court

April 03, 2014
by Robert P. Howard, Jr.

On March 3, 2014, the U.S. Supreme Court agreed to hear the case of Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund, (13-435)[1] to resolve the question of whether, for purposes of a Section 11[2] claim, it is sufficient for a plaintiff to plead that a statement of opinion was untrue by only alleging that the opinion was objectively false, or if they also needed to allege that the statement was subjectively false (i.e., the speaker knew the opinion was false when made).

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