Appellate Law News and Insights

In Macquarie Infrastructure Corp. v. Moab Partners1, the U.S. Supreme Court recently resolved a split among U.S. Circuit Courts of Appeal when it unanimously held that “[s]ilence absent a duty to disclose, is not misleading under Rule 10b–5”. While “half-truths” are still actionable under that provision, a pure omission is not....

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Key Takeaways The United States Supreme Court held that pure omissions, standing alone, are not actionable in private civil litigation under Rule 10b-5(b), which makes it unlawful to omit material facts in connection with buying or selling securities when that omission renders "statements made" materially misleading. Consequently, shareholder claims will...

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Arbitration agreements with warehouse workers and others who play a "direct and necessary role" in the transportation of goods and people may fall within the "transportation worker exemption" to the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Ninth Circuit held. Ortiz v. Randstad Inhouse Services, LLC, No. 23-55147...

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