IN RE TIME WARNER INC. SECURITIES LITIGATION

No. 836, Docket 92-7816.

9 F.3d 259 (1993)

In re TIME WARNER INC. SECURITIES LITIGATION. ZVI TRADING CORP. EMPLOYEES' MONEY PURCHASE PENSION PLAN AND TRUST, and Barry Zonon, Plaintiffs-Appellants, v. Steven J. ROSS, N.J. Nicholas, Jr., Gerald M. Levin, Bert W. Wasserman, and Time Warner Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 30, 1993.


Attorney(s) appearing for the Case

Arthur R. Miller, Cambridge, MA (David J. Bershad, Sol Schreiber, Lee S. Shalov, James E. Tullman, Milberg Weiss Bershad, Specthrie & Lerach, New York City, Michael J. Freed, Joseph D. Ament, Ellyn M. Lansing, Much Shelist Freed Denenberg & Ament, Chicago, IL, Roger W. Kirby, Kaufman Malchman Kaufmann & Kirby, New York City, on the brief), for plaintiffs-appellants.

Stuart Robinowitz, New York City (Jonathan J. Freedman, Matthew L. Levine, Paul, Weiss, Rifkind, Wharton & Garrison, on the brief), for defendants-appellees.

Before NEWMAN, Chief Judge, WINTER and MINER, Circuit Judges.


JON O. NEWMAN, Chief Judge:

This appeal from the dismissal of a securities fraud complaint requires us to consider the recurring issue of whether stock fraud claims are sufficiently pleaded to warrant at least discovery and perhaps trial. Three separate issues are presented: (1) whether a corporation has a duty to update somewhat optimistic predictions about achieving a business plan when it appears that the plan might not be realized, (2) whether a corporation has...

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