Law Upside Down: A Critical Essay on Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
Franklin A. Gevurtz
University of the Pacific - McGeorge School of Law
Northwestern Univ. Law Review Colloquy, Vol. 103, p. 448, 2009
Pacific McGeorge School of Law Research Paper No. 10-05
This essay uses the Supreme Court’s recent decision in the highly controversial Stoneridge Investment Partners, LLC v. Scientific Atlanta, Inc. case to explore the question of who ought to pay when corporations issue false financial statements - an issue of critical importance with the seemingly endless stream of corporate fraud coming to light. The Supreme’s Courts’ answer is to focus on the corporation as the target for liability. The thrust of the essay is to show how this paints a bulls-eye on the wrong target, while allowing those who profited from knowing misrepresentation to escape liability.
Number of Pages in PDF File: 9
Keywords: Securities fraudAccepted Paper Series
Date posted: July 12, 2009 ; Last revised: August 13, 2010
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