Keating v. Cinema 7, Inc.

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.” | this court may affirm a grant of summary judgment on any ground fairly supported by the record | "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.” | "We conclude that in a fraud on the market case, the defendant's failure to disclose material information may be excused where that information has been made credibly available to the market by other sources.” | trial court is presumed to disregard inadmissible evidence in reaching its decision | no duty to disclose information about industry which is “well understood” | no duty to disclose practices which the investment community clearly, understood | trial court is presumed to disregard inadmissible evidence in reaching its decision | information can be made available from “other sources” | considering each challenged statement individually