High Court Sets Stage For Another Section 11 Circ. Split

Law360, New York (April 3, 2015, 11:31 AM EDT) -- Less than a week after the U.S. Supreme Court’s decision in Omnicare,[1] the Supreme Court granted a writ of certiorari, vacated the judgment and remanded  Freidus v. ING Groep NV[2] to the Second Circuit for further consideration due to its Omnicare decision. In doing so, the court may have set the stage for another split between the Sixth and Second Circuits, this time regarding the application of the court’s newly articulated standard for claims based on §11’s omissions provision.[3]

On March 24, 2015, the court remanded...
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