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Re: Anvil post# 79335

Monday, 04/02/2012 3:23:36 PM

Monday, April 02, 2012 3:23:36 PM

Post# of 98534
Edit: Hyrpower, forward-looking statements are ok. Intentionally deceptive statements are not.

Conversely, the Ninth Circuit stated in dicta that despite meaningful cautionary statements, “a person
may be held liable if the forward-looking statement is made with actual knowledge . . . that the
statement was false or misleading
(internal quotations omitted).”
17
In addition, a California district court
reached a similar result by reasoning that where a forward-looking statement is made and the speaker
has actual knowledge that it is false, “cautionary language can only be meaningful if it either states the
belief of the speaker that it is false or misleading, or at the very least, clearly articulates the reasons why
it is false or misleading.”
18


http://www.crowell.com/documents/DOCASSOCFKTYPE_ARTICLES_404.pdf

ML's statements were at the minimum, misleading at the time he made them.

Go read the annual report that was released last April and tell me which one of ML's goals and forward looking statements was accomplished.
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