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Supreme Court Refuses To Overturn Fraud-On-The-Market Presumption, But Adjusts Presumption To Allow Evidence of Absence Of "Price Impact" At Class Certification Stage
The securities class action industry was launched a quarter-century ago when the Supreme Court recognized the so-called "fraud-on-the-market" presumption of reliance in most putative securities class actions.
United States
24 Jun 2014
Can Securities Fraud Defendants Rebut Price Impact To Avoid Class Certification?
Keywords: Amgen v. Conn. Retirement Plans, Basic Inc. v. Levinson, Erica P. John Fund Inc. v. Halliburton Co., Fifth Circuit, fraud on the market, reliance, Supreme Court
United States
31 May 2013
Securities Fraud Defendant Rebuts Fraud-On-The-Market Presumption Of Reliance
With all of the attention on last week’s "Amgen" decision, another interesting decision addressing the fraud-on-the-market presumption of reliance in securities fraud actions may have escaped notice.
United States
15 Mar 2013
Supreme Court Hears Oral Argument On Whether Materiality Must Be Proven At The Class Certification Stage In Securities Class Actions
The Supreme Court recently heard oral argument in a case that may have a significant impact on how district courts resolve class certification fights in securities fraud cases.
United States
26 Nov 2012
Second Circuit Reaffirms That Knowledge Defenses Can Defeat Class Certification
The recent summary order from the US Court of Appeals for the Second Circuit in New Jersey Carpenters Health Fund v. RALI Series 2006-QO1 Trust, No. 11-1683-cv (2d Cir. Apr. 30, 2011), reaffirms the important principle of securities law that knowledge defenses can create individual factual questions sufficient to defeat class certification.
United States
9 May 2012
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