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Securities Digest

Mar 8, 2012

Securities – SLUSA — class actions

11-1095 Appert v. Morgan Stanley Dean Witter, Inc.

Nov 25, 2011

Securities; Statute of repose

11-1459 McCann v. Hy-Vee, Inc.

Nov 10, 2011

Securities — SLUSA

11-1785 Brown v. Calamos

Jun 13, 2011

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 […]

Jun 7, 2011

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 […]

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