What is the test for determining whether a plaintiff has been defamed in a securities fraud case?

MultiRegion, United States of America

The following excerpt is from Emergent Capital Inv. V. Stonepath Group, Inc., 343 F.3d 189 (2nd Cir. 2003):

To prevail on its federal securities fraud claims, appellant must demonstrate that its injuries were caused by defendants' omission of material information. See Castellano v. Young & Rubicam, Inc., 257 F.3d 171, 179 (2d Cir.2001); see also 15 U.S.C. 78t(a) (providing for controlling person's liability for controlled person's violations of federal securities laws). The causation element has two aspects,

Page 197

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