Where the misleading statement being complained of was an expression of opinion rather than fact, it is not actionable, even if the person making the statement was an expert.

Question

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Even if a statement is an expression of opinion, it can still be actionable if it implies the existence of undisclosed facts, is made by an expert within their field of expertise, or is presented in a manner that suggests it is based upon undisclosed facts. Courts often look at the context in which the opinion is expressed to determine if it could be misleading or deceptive.

Where the Misleading Statement Being Complained of Was an Expression