The unanimous opinion of the Supreme Court in MacQuarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al., decided April 12, 2024.
The Court is asked whether the Second Circuit erred in holding-in conflict with the Third, Ninth, and Eleventh Circuits- that a failure to make a disclosure required under Item 303 can support a private claim under Section l0(b), even in the absence of an otherwise- misleading statement.
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