HARRIS v. IVAX CORP.

No. 98-4818.

209 F.3d 1275 (2000)

Alan M. HARRIS, Yitzchok Wolpin, Fausto Pombar, Plaintiffs-Appellants, v. IVAX CORPORATION, Phillip Frost, Michael W. Fipps, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 20, 2000.


Attorney(s) appearing for the Case

Atlee W. Wampler, III, Wampler, Buchanan & Breen, P.A., Miami, FL, Mark Levine, Jules Brody, Stull, Stull & Brody, New York City, for Plaintiffs-Appellants.

Eugene E. Stearns, Bradford Swing, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Miami, FL, for Defendants-Appellees.

Before COX and HULL, Circuit Judges, and COHILL, Senior District Judge.


PER CURIAM:

The Securities and Exchange Commission, permitted to file a brief in partial support of a petition for rehearing and suggestion for rehearing en banc filed by the plaintiffs, has argued that our opinion in this case erroneously implies that a "cautionary statement[]" could still be "meaningful," and thus shield a company from liability for a false forward-looking statement, even if the cautionary statement knowingly omits a fact that is such a market-driver...

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