Bookmark and Share



» Access to Courts and Court Remedies

» Campaign Finance and Election Laws

» Constitutional Rights and Requirements

» Health, Safety, and Environment

» Open Government and Open Courts

» Representing Consumers

» Workers' Rights

Currently Featured Topics

Government Transparency
Consumer Justice
First Amendment
Health, Safety and the Environment


Read about our work helping lawyers
with cases in the Supreme Court.


  Public Citizen | Litigation Cases ***Search other cases***

Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund

Topic(s): First Amendment
Scope of Statutory Rights and Remedies
Docket: 13-435



Omnicare, Inc., a company that provides pharmaceutical care to the elderly, allegedly engaged in illegal kickback arrangements with drug companies. In connection with an offering of securities for sale to the public, however, Omnicare filed a registration statement that stated that the company believed its contractual arrangements were lawful. Pension plans and others holding Omnicare’s stock sued under federal securities laws when the nature of Omnicare’s contractual arrangements was revealed. A court of appeals held that Omnicare’s statement was actionable under the securities laws, and Omnicare sought review by the Supreme Court, arguing that its statement was one of opinion and could not be false or misleading unless Omnicare did not genuinely hold the opinion. The Supreme Court granted review. Public Citizen filed an amicus brief on the merits, supporting the plaintiffs (who are also supported by the Solicitor General). Public Citizen’s brief argued that Omnicare’s position is contrary to the longstanding treatment of statements of opinion in many areas of law. The law has long recognized that a statement of opinion may be actionable if it implies factual statements that are untrue or if it is misleading in the absence of additional factual disclosures. The Supreme Court, largely following the approach of our brief, held that state action immunity is not available to industry-dominated boards that are not actively supervised by the state.

Copyright © 2017 Public Citizen. Some rights reserved. Non-commercial use of text and images in which Public Citizen holds the copyright is permitted, with attribution, under the terms and conditions of a Creative Commons License. This Web site is shared by Public Citizen Inc. and Public Citizen Foundation. Learn More about the distinction between these two components of Public Citizen.

Public Citizen, Inc. and Public Citizen Foundation


Together, two separate corporate entities called Public Citizen, Inc. and Public Citizen Foundation, Inc., form Public Citizen. Both entities are part of the same overall organization, and this Web site refers to the two organizations collectively as Public Citizen.

Although the work of the two components overlaps, some activities are done by one component and not the other. The primary distinction is with respect to lobbying activity. Public Citizen, Inc., an IRS § 501(c)(4) entity, lobbies Congress to advance Public Citizen’s mission of protecting public health and safety, advancing government transparency, and urging corporate accountability. Public Citizen Foundation, however, is an IRS § 501(c)(3) organization. Accordingly, its ability to engage in lobbying is limited by federal law, but it may receive donations that are tax-deductible by the contributor. Public Citizen Inc. does most of the lobbying activity discussed on the Public Citizen Web site. Public Citizen Foundation performs most of the litigation and education activities discussed on the Web site.

You may make a contribution to Public Citizen, Inc., Public Citizen Foundation, or both. Contributions to both organizations are used to support our public interest work. However, each Public Citizen component will use only the funds contributed directly to it to carry out the activities it conducts as part of Public Citizen’s mission. Only gifts to the Foundation are tax-deductible. Individuals who want to join Public Citizen should make a contribution to Public Citizen, Inc., which will not be tax deductible.


To become a member of Public Citizen, click here.
To become a member and make an additional tax-deductible donation to Public Citizen Foundation, click here.