Distinguishing Present From Future Under Safe Harbor
September 8, 2010, 12:15 PM EDT
Law360, New York (September 8, 2010, 12:15 PM EDT) -- In In re: Aetna Inc. Securities Litigation, No 09-2970, 2010 WL 3156560 (3d Cir Aug 11, 2010), the U.S. Court of Appeals for the Third Circuit held that certain allegedly misleading statements regarding the pricing of insurance premiums by a large health insurance company were protected under the safe harbor provision of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-5(c)(1).
The court reasoned that the statements warranted protection because they were not only forward-looking — despite containing both present and future elements...