The Meaning of "Make a Statement"

[victor steinbok]

On Mon, Jun 13, 2011 at 10:03 PM, Baker, John <JMB at stradley.com> wrote:

> ...
> The Court explained that it need not defer to the SEC's interpretation
> of the meaning of "make" in Rule 10b-5, because it did not find the
> meaning to be ambiguous. (Justice Thomas presumably wrote this with a
> straight face, but if the meaning of "make" was not ambiguous prior to
> the Court's decision, then it's hard to think what would meet the Court's
> standard of ambiguity.)
>


I can think of one--the meaning of "make" /after/ the decision...


Seriously, 3d Circuit also pushed out a decision that clarifies the meaning
of a purportedly ambiguous statement:

Viera v. Life Insurance Company of North America

There are plenty of discussions of this case, but here's one that highlights
the crux of the argument:

http://www.erisaboard.com/forum/showthread.php?p=4569

VS-)*
*

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