Just when we were starting to think that 2011 might mark the end of the great American class action… Today, the Supreme Court issued a unanimous decision reversing a denial of class certification in the securities class action Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403, slip op (June 6, 2011). In the opinion, authored by [...]
Posts Tagged ‘presumption of reliance’
2010-11 U.S. Supreme Court Class Action Tally: Defendants 1, Plaintiffs 1
Posted in rule 23, Securities Class Actions, Supreme Court Decisions, tagged erica p. john, fifth circuit, fraud on the market, frcp 23, preponderance, presumption of reliance, rule 23, securities class action, securities fraud on June 6, 2011 | Leave a Comment »
Colorado Supreme Court to Hear Oral Argument in Four Class Action Cases
Posted in Class Action News, Colorado Civil Procedure, Colorado Class Action News, tagged c.r.c.p. 23, class certification, class certification standard, colorado class action, colorado rules of civil procedure, colorado supreme court, common proof, crcp 23, daubert, fraud on the market, presume reliance, presumed reliance, presumption of reliance, rigorous analysis, schrek on February 28, 2011 | Leave a Comment »
Matt Masich of Law Week Colorado has a good article out today previewing oral arguments scheduled for tomorrow in four class-action related cases. The outcome of these cases could have a dramatic effect on class action practice in the state. The issues to be considered include the proper standard for reviewing class certification, the burden of proof on class certificeation, the [...]
Colorado Supreme Court Rejects “Fraud on the Market” Theory in Consumer Insurance Class Action
Posted in Class Action Decisions, Colorado Class Action News, Consumer Class Actions, tagged affiliated ute, consumer class action, fraud on the market, loss causation, presumed reliance, presumption of reliance, price inflation, securities class action on April 27, 2009 | 4 Comments »
The Colorado Supreme Court issued one of its most significant class action decisions in recent years today in Farmers Ins. Exch. v. Benzing, No. 07SC483 (Colo., April 27, 2009), rejecting the so-called “fraud on the market” theory of reliance and loss causation in an insurance class action. Justice Bender authored the decision on behalf of [...]
Colorado Supreme Court Hears Argument in “Fraud on the Market” Consumer Class Action
Posted in Class Action News, Class Action Trends, Colorado Class Action News, tagged benzing, class certification, colorado consumer protection act, colorado supreme court, consumer fraud, consumer protection, fraud on the market, presumption of reliance, price inflation, pritchard, reliance on December 3, 2008 | Leave a Comment »
The Colorado Supreme Court held oral argument today in the case of Farmers Insurance Exchange v. Benzing, No. 07SC483. Audio of the argument is now available at the Colorado Supreme Court’s website. Among the issues in the case is whether the “fraud on the market” theory, and other presumptions of reliance recognized in securities cases, applied [...]


What Fraud Claims Make for a Good Class Action? Justice Breyer has an Idea.
Posted in Commentary, Securities Class Actions, Supreme Court Decisions, tagged breyer, erica p. john fund, fraud, fraud on the market, halliburton, oral argument, presumed reliance, presumption of reliance, reliance, scotus, securities fraud, Supreme Court on April 25, 2011 | Leave a Comment »
The United States Supreme Court heard oral argument today in the case of Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403. A transcript of the argument is now available on the Court’s website. Erica P. John Fund involves the appropriate standard for assessing class certification in securities fraud cases brought under the “fraud [...]
Read Full Post »