Friday, December 09, 2016 3:18:02 PM
It is undisputed that Walther failed to disclose to Plaintiff, either orally or in any of the written documents, that Supreme Energy was issuing or intended to issue preferred shares to any other entities (D.E. 108, p. 10); (2)
Based upon the record evidence, it is clear that had Adelstein been aware that Supreme Energy was going to issue preferred shares with voting rights of 150 to one common shares, he would not have entered into the Agreement with Plaintiff. Thereafter it is undisputed that Walther’s omission was material to the transaction (D.E. 108, p. 11); (3)
Based upon the record evidence, the Court finds there is a strong inference Walther acted with the requisite state of mind in failing to disclose that Supreme Energy was issuing preferred shares with voting rights . . . Walther’s scienter, therefore, is undisputed (D.E. 108, p. 12);
and (4) With respect to the justifiable reliance element of this claim, the United States Supreme Court has removed Plaintiff’s burden of coming forward with evidence of reliance on an omission (D.E. 108, p. 12)
The links can be found in the newest "sticky." But, just to make it easier, here they are:
https://www.scribd.com/document/333370335/2016-07025-Final-Judgment-00790615
https://www.scribd.com/document/333370365/Order
Then this whole bs around "scienter" was never even implied and the judge never would make a bias comment like this. Another SA prediction gone wrong like all the rest.
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