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In the securities law arena, the focus over the last several months has been on the U.S. Supreme Court’s highly anticipated decision in the Halliburton case, which was issued last month. However, in March 2014, the high court also recently agreed to hear a case involving an important issue for Section 11 claims brought under the Securities Act of 1933. Specifically, the Supreme Court granted certiorari in Omnicare, Inc. v. Laborers District Council. At issue in Omnicare is whether a plaintiff can adequately plead a claim under Section 11 for a misleading or false opinion in a registration statement simply by alleging that the opinion was false.

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