Keating v. Cinema 7, Inc.

How later courts describe this case

• recognizing that the fear experienced by the victim before death is a significant factor in determining the existence of this aggravating circumstance
• recognizing difference between defendant’s knowing that product may run into snags and knowing it has already developed problems so significant as to require months of delay
• this court may affirm a grant of summary judgment on any ground fairly supported by the record
• “There is a difference between knowing that any product in development may run into a few snags and knowing that a particular product has already developed problems. ...”
• unusual insider trading activity during class period may permit inference of bad faith and scienter
• “Insider trading in suspicious amounts or at suspicious times is probative of bad faith and scienter.”
• "in a fraud on the market case, defendant's failure to disclose material information may be excused where that information has been made credibly available to the market by other sources"
• “[Projections and general expressions of optimism may be actionable under the federal securities laws.”