See In re Sofamor Danek Group, Inc., 123 F.3d 39403403 (6th Cir. 1997) (finding "not persuasive" an argument that a "disclosure duty under the Rule 10b-5 claimayay stem from Item 303"); Thompson v. RelationServe Media, Inc., 610 F.3d 682, 682 n. 78 (11th Cir. 2010) (finding "generous" an assumption that Item 303 would impose an actionable duty to speak).
See also Chiarella, 445 U.S., at 228, 100 S.Ct., at 1114 (omission actionable only where duty to disclose arises from specific relationship between two parties).
Last Term, the Court faced a similar issue, albeit outside the securities context, in a case raising the question whether knowing participation in a breach of fiduciary duty is actionable under ERISA.
But we provide actionable intelligence for current action in Afghanistan".
The Stratte-McClure decision began its analysis of Item 303 omissions liability by acknowledging the fundamental principle that silence alone, absent a duty to disclose, is not actionable under Rule 10b-5.
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For a breach of duty (or contract) to be actionable, the sufferer (patient) needs to show he/she suffered damages (for example, loss of income, unnecessary and extra medical bills) or injury (either physical or psychological) as a result of the breach and that these were reasonably foreseeable.
The complementary qualitative data offered insights into the perceived strengths and weaknesses of the duty hour restrictions, as well as actionable suggestions that could help to improve residency program function.
The Director Defendants argued that Plaintiffs' Section 14(a) claim must be dismissed because (1) proxy claims alleging corporate mismanagement or breaches of fiduciary duty not involving self-dealing are not actionable, and (2) the complaint does not adequately plead loss causation.
In addition, researchers confronted by serious, valid, and actionable IRRs or IFs may feel that their professional duty to warn (or rescue) the participant (and the correlative risk of legal liability for failure to do so) may over-ride the participant's refusal to be informed [ 13].
The second argument appeals to a fiduciary duty to benefit patients by providing them with medically actionable data of the kind contained in the minimum list.
