The Supreme Court recently heard oral argument in a case that may have a significant impact on how district courts resolve class certification fights in securities fraud cases. The issue in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds is whether a class can be certified if the alleged misrepresentations constituting the fraud are not “material” under the federal securities laws. In the decision below, the Ninth Circuit said yes, refusing to consider evidence that securities analysts had already reported the truth of the matters that the defendant allegedly misrepresented—rendering the alleged misrepresentation immaterial. That decision deepened a circuit
Continue Reading Supreme Court Hears Oral Argument On Whether Materiality Must Be Proven At The Class Certification Stage In Securities Class Actions
Joshua Yount
Josh Yount, a litigation partner in Mayer Brown's Chicago office and a member of the firm's top-ranked Supreme Court and Appellate practice, focuses his practice on appellate litigation, class certification defense, and securities law. With experience successfully representing a wide variety of businesses, he offers clients sophisticated legal analysis, careful strategic thinking, and vigorous advocacy.
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NECA-IBEW: Second Circuit Rules That Plaintiffs Sometimes Have Standing to Bring Class Claims Covering Securities Offerings Other Than Ones in Which They Bought
By Joshua Yount on
Posted in Class Certification, Motions Practice
Can a plaintiff who bought a security in one offering bring a class action on behalf of purchasers in other offerings if the plaintiff alleges a misstatement common to all of the offerings? In cases under Sections 11 and 12 of the 1933 Securities Act—particularly those involving mortgage-backed securities—the consensus view had been that a plaintiff lacked standing to assert class claims regarding offerings in which the plaintiff did not buy. On September 6, the Second Circuit rejected that consensus view in NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co. (pdf)., creating a split with the First Circuit’s decision in Plumbers’ Union Local No. 12 Pension Fund v. Nomura Asset Acceptance Corp. (pdf), 632 F.3d 762 (1st Cir. 2011). Plaintiffs’ lawyers may seek to use the NECA-IBEW decision to broaden class litigation against securities issuers and underwriters.
Continue Reading NECA-IBEW: Second Circuit Rules That Plaintiffs Sometimes Have Standing to Bring Class Claims Covering Securities Offerings Other Than Ones in Which They Bought