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Full-Text Articles in Law
Securities Litigation As A Window Into Supreme Court Litigation, Thomas Goldstein
Securities Litigation As A Window Into Supreme Court Litigation, Thomas Goldstein
Loyola University Chicago Law Journal
No abstract provided.
Random Thoughts Of A Federal District Judge, Shira A. Scheindlin Judge
Random Thoughts Of A Federal District Judge, Shira A. Scheindlin Judge
Loyola University Chicago Law Journal
No abstract provided.
The Importance Of Conducting Thorough Investigations Of Confidential Witnesses In Securities Fraud Litigation, Leigh Handelman Smollar
The Importance Of Conducting Thorough Investigations Of Confidential Witnesses In Securities Fraud Litigation, Leigh Handelman Smollar
Loyola University Chicago Law Journal
This Article examines the use of confidential witnesses (“CWs”) in investigating and substantiating securities fraud claims. The Private Securities Litigation Reform Act has placed a heavy burden on plaintiffs at the pleading stage, which has caused plaintiffs to perform preliminary investigations and seek confidential information as a basis for their allegations in the complaint. Testimony of CWs is often the centerpiece of the evidence substantiating plaintiffs’ securities fraud claims. As a result, the investigation conducted prior to filing an amended complaint has become a central issue in the realm of securities litigation, subject to attack by the defendants. This Article …
Navigating Alternatives To Securities Fraud Class Actions: State Law And Opt-Out Litigation, Jeffrey Paul Mahoney
Navigating Alternatives To Securities Fraud Class Actions: State Law And Opt-Out Litigation, Jeffrey Paul Mahoney
Loyola University Chicago Law Journal
No abstract provided.
Implications For Market Efficiency And Damages Analysis Of Plaintiff Interpretations Of Halliburton Ii's Statement That "Market Efficiency Is A Matter Of Degree", David Tabak
Loyola University Chicago Law Journal
On June 23, 2014, the Supreme Court issued its ruling in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”) that prior case law “affords defendants an opportunity to rebut the presumption by showing, among other things, that the particular misrepresentation at issue did not affect the stock’s market price.”1 While this has generally been considered the key holding, it has not gone unnoticed that the Court affirmed its prior ruling in Basic, Inc. v. Levinson,2 mentioning that the “presumption of reliance thus does not rest on a ‘binary’ view of market efficiency”3 and, referring to the Brief for …
The Road Map For Class Certification Post- Halliburton Ii, Marc I. Gross
The Road Map For Class Certification Post- Halliburton Ii, Marc I. Gross
Loyola University Chicago Law Journal
No abstract provided.
The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii, Charles W. Murdock
The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii, Charles W. Murdock
Loyola University Chicago Law Journal
This past summer, the United States Supreme Court handed down its decision in Halliburton v. Erica P. John Fund, Inc. (“Halliburton II”), in which the Court held that a defendant may establish lack of price impact at the certification stage to establish a lack of reliance based upon the fraud-on-the-market theory. This was the third decision in three years dealing with the fraud-on-the-market approach to establishing commonality with respect to reliance by plaintiffs on management’s misrepresentations. In so doing, the Supreme Court retained market efficiency as an element of the fraud-on-the-market theory, but also reflected a broader and less restrictive …
Class-Action Tolling, Federal Common Law, And Securities Statutes Of Repose: A Recommendation, Wendy Gerwick Couture
Class-Action Tolling, Federal Common Law, And Securities Statutes Of Repose: A Recommendation, Wendy Gerwick Couture
Loyola University Chicago Law Journal
This Essay focuses on a narrow, but potentially outcome-determinative, question: Does the filing of a securities class action toll the three-year outer time limit applicable to claims under sections 11 and 12(a)(2) of the Securities Act and the five-year outer time limit applicable to claims under section 10(b) of the Securities Exchange Act, such that potential class members—after a decision on class certification—can assert an individual federal action, even if those outer time limits would have elapsed absent tolling? There is currently a circuit split on this issue, with the Tenth Circuit answering “yes” and the Second Circuit answering “no.” …
Is There A Vatican School For Competition Policy?, Tihamer Toth
Is There A Vatican School For Competition Policy?, Tihamer Toth
Loyola University Chicago Law Journal
This Article examines whether the Catholic Church’s social teaching has something to tell antitrust scholars and masters of competition policy. Although papal encyclical letters and other documents are not meant to provide an analytical framework giving clear answers to complex competition questions, this does not mean that these thoughts cannot benefit businessmen, scholars, and policy makers. The Vatican teaching helps us remember that business and morality do not belong to two different worlds, and that markets should serve the whole Man. It acknowledges the positive role of free markets,that is, the exercise of economic freedom as being an important part …
Rationing Environmental Law In A Time Of Climate Change, Rachael E. Salcido
Rationing Environmental Law In A Time Of Climate Change, Rachael E. Salcido
Loyola University Chicago Law Journal
Addressing climate change demands a fundamental change in United States energy policy and a major infrastructure for a renewable energy future. Yet the boom in natural gas development and expanding demand for energy in developing nations argue poorly for reductions in fossil fuel use. This Article documents how the federal government has resorted to some measure of environmental exceptionalism by rationing environmental law to expedite renewable energy development in the context of the seismic shifts in U.S. energy policy. Despite the many arguments in opposition to rationing environmental law, this Article concludes that the realities of climate change and the …
Going Retro: Abolition For All, Kevin Barry
Going Retro: Abolition For All, Kevin Barry
Loyola University Chicago Law Journal
The opening of the twenty-first century has seen a flurry of death penalty repeals. This development is encouraging, but only partly so. Amidst the cheers for abolition, there is an unfairness of the highest order: the maintenance of the death penalty for some, but not others, for no other reason than the date of their crimes. State legislatures are repealing the death penalty prospectively only, and these states’ executive branches are leaving their prisoners on death row. In New Mexico and Connecticut, a total of thirteen prisoners remain on death row after those states abolished the death penalty. Some states, …