Categorized | Civil Justice Update

A Rare Supreme Court Victory for Securities Class Action Plaintiffs

 

SCOTUS grants rare victory to class-action plaintiffs.

The National Law Journal (2/28, Mauro) reports, “The Supreme Court on Wednesday continued its extensive exploration of class action litigation, handing a rare victory to plaintiffs in one case while hearing arguments in another that could come down on the side of defendants.” The Journal continues, “In Amgen Inc. v. Connecticut Retirement Plans and Trust, the court, by a 6-3 vote, declined to adopt a rule that would have made it harder for plaintiffs to mount a class action in securities fraud cases. Amgen and business groups hoped the court would require plaintiffs to prove, before a class could be certified, that company misrepresentations materially affected the price of its stock. Investors sued Amgen, claiming its misrepresentations about two drugs it marketed to combat anemia had artificially inflated Amgen's stock price. Justice Ruth Bader Ginsburg, writing for the majority, said that proof of materiality is necessary for plaintiffs to prevail – but it did not have to be made before the class is certified.”

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