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The Cyan Decision And Its Impact On State-Level Securities Class Actions, B. John Torabi
The Cyan Decision And Its Impact On State-Level Securities Class Actions, B. John Torabi
Fordham Journal of Corporate & Financial Law
The Supreme Court’s decision in Cyan, Inc. v. Beaver County Employees Retirement Fund† preserved the Securities Act of 1933’s bar on removing securities class actions brought in state court to federal court. The unanimous ruling cut against a nearly quarter-century long trend of pushing securities class action litigation to the federal courts. Cyan was resolved purely through statutory interpretation, leaving many of the underlying policy questions to be resolved by state courts and in future rulings.
This Note examines the intention of the drafters of the Securities Act of 1933 in designing a disclosure-focused regulatory scheme with a private …