Understanding Causation in Private Securities Lawsuits: Building on Amgen

36 Pages Posted: 4 Nov 2013 Last revised: 22 Dec 2014

See all articles by James D. Cox

James D. Cox

Duke University School of Law

Date Written: November 4, 2013

Abstract

With Amgen, the Supreme Court’s majority once again holds that inquiry into the alleged market impact of a misrepresentation is not required to invoke fraud on the market approach to causation so that the class can be certified. Rather than just leaving matters where they have been since the Supreme Court’s muddled encounter with causation in Basic Inc. v. Levinson, the Supreme Court’s most recent decision appears to relax some earlier-held tenets with respect to markets believed sufficiently efficient for fraud on the market to be invoked. This Article not only identifies the central flaw of Basic that has over the decades distorted applications of fraud on the market but also suggests how, building on Amgen, what the future focus should be in considering whether a suit can proceed as a class action based on fraud on the market.

Suggested Citation

Cox, James D., Understanding Causation in Private Securities Lawsuits: Building on Amgen (November 4, 2013). Available at SSRN: https://ssrn.com/abstract=2349741 or http://dx.doi.org/10.2139/ssrn.2349741

James D. Cox (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7056 (Phone)
919-613-7231 (Fax)

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