13-317 Halliburton Co. v. Erica P. John Fund Inc.
Read More »Tag Archives: Securities Digest
Securities — sanctions
13-2896 Birkelbach v. SEC
Read More »Securities — whistleblower protection
12-3 Lawson v. FMR LLC
Read More »Securities — SLUSA
12-79, 12-86 & 12-88 Chadbourne & Parke LLP v. Troice
Read More »Securities; Insider trading; summary judgment
12-2860 SEC v. Bauer
Read More »Securities — precious metals
12-3372 CFTC v. Worth Bullion Group Inc.
Read More »Securities — sanctions
12-3308 SEC v. First Choice Management Services, Inc.
Read More »Securities — securities fraud — materiality
11-1085 Amgen Inc. v. Connecticut Retirement Plans & Trust Funds
Read More »Securities — The Investment Advisers Act — statute of limitations — discovery rule
11-1274 Gabelli v. SEC
Read More »Securities — Ponzi schemes
12-1285 SEC v. Huber
Read More »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 ...
Read More »Securities — statute of limitations
10-1261 Credit Suisse Securities (USA), LLC, v. Simmonds
Read More »Securities – SLUSA — class actions
11-1095 Appert v. Morgan Stanley Dean Witter, Inc.
Read More »Securities; Statute of repose
11-1459 McCann v. Hy-Vee, Inc.
Read More »Securities — SLUSA
11-1785 Brown v. Calamos
Read More »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 ...
Read More »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 ...
Read More »