context: The statements that the Rieger Note-holders characterize as "statements of existing fact", Rieger Noteholders Consolidated Response to Motion to Dismiss at 19 -- that "Livent remains a viable company financially and is operationally and creatively very strong," and "[t]he company now has greater potential than ever before" -- are statements "about the state of a company whose truth or falsity [are] discernible only after [they are] made [and] necessarily refer[] only to future performance."
citation_a.signal: see also
citation_a.identifier: 2000 WL 489713, *4
citation_a.parenthetical: state-ments that company "is poised to become," "has the inside track," and that its "revenue and earnings potential is clearly huge" are forward looking
citation_a.sentence: Harris v. Ivax Corp., 182 F.3d 799, 805 (11th Cir.1999)(statements that “fundamental business and its underlying strategies remain intact” and “IVAK is certainly well positioned” are forward looking); see also Fellman v. Electro Optical Sys. Corp., No. 98 Civ. 6403, 2000 WL 489713, *4 (S.D.N.Y. Apr.25, 2000)(state-ments that company “is poised to become,” “has the inside track,” and that its “revenue and earnings potential is clearly huge” are forward looking).
citation_b.signal: no signal
citation_b.identifier: 182 F.3d 799, 805
citation_b.parenthetical: statements that "fundamental business and its underlying strategies remain intact" and "IVAK is certainly well positioned" are forward looking
citation_b.sentence: Harris v. Ivax Corp., 182 F.3d 799, 805 (11th Cir.1999)(statements that “fundamental business and its underlying strategies remain intact” and “IVAK is certainly well positioned” are forward looking); see also Fellman v. Electro Optical Sys. Corp., No. 98 Civ. 6403, 2000 WL 489713, *4 (S.D.N.Y. Apr.25, 2000)(state-ments that company “is poised to become,” “has the inside track,” and that its “revenue and earnings potential is clearly huge” are forward looking).