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Tag Archives: Securities Digest

Securities — securities fraud

United States Court of Appeals For the Seventh Circuit Civil Securities — securities fraud A complaint alleging securities fraud by a medical device manufacturer was properly dismissed where the manufacturer claimed the high failure rate was due to surgeon error rather than product defect. “Corporate executives who know that one group of surgeons experiences success, and another group failure, with ...

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09-525 Janus Capital Group, Inc., v. First Derivative Traders

United States Supreme Court CIVIL OPINIONS Securities Securities fraud Only a party who makes a false statement in a prospectus can be held liable in a private action under Rule 10b-5. The Court rejects the Government’s contention that “make” should be defined as “create,” thereby allowing private plaintiffs to sue a person who provides the false or misleading information that ...

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09-1403 Erica P. John Fund, Inc. v. Halliburton Co.

Securities Securities fraud; class actions; loss causation Securities fraud plaintiffs need not prove loss causation in order to obtain class certification. It is undisputed that securities fraud plaintiffs must prove certain  things in order to invoke Basic ’s rebuttable presumption of reliance. According  to the Court of Appeals, EPJ Fund had to prove the separate element of loss  causation in ...

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