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2009

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Cause For Concern: Causation And Federal Securities Fraud, Jill E. Fisch Jan 2009

Cause For Concern: Causation And Federal Securities Fraud, Jill E. Fisch

Faculty Scholarship at Penn Law

The Supreme Court’s decision in Dura Pharmaceuticals dramatically changed federal securities fraud litigation. The Dura decision itself said little, but counseled lower courts to fashion new requirements of causation and harm modeled upon common law tort principles. These instructions have led lower courts to craft a series of confusing and inconsistent decisions that incorporate little of the reasoning upon which the common law principles are based. This Article accepts the Dura challenge and examines both common law causation principles and their applicability to federal securities fraud. In so doing, the Article identifies the failure of the federal courts properly ...