Topic: (1) a material misrepresentation or omission by the defenda… · Go Syfert
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Topic #10050

5 canonical passages across 5 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Erica P. John Fund, Inc. v. Halliburton Co..

#Case FlagCanonical passage Citers
1 Erica P. John Fund, Inc. v. Halliburton Co. Anchor
scotus · 2011
green “(1) a material misrepresentation or omission by the defendant; (2) scienter; (3) a connection between the misrepresentation or omission and the purchase or sale of a security; (4) reliance upon the misrepresentation or omission; (5) economic loss; and (6) loss causation.” 22
2 Fed. Sec. L. Rep. P 98,265 Fred Zeidman and Steven Youngelson v. J. Ray McDermott & Co., Inc.
ca5 · 1981
green “is generally assumed to have been met in class action suits involving nationally traded securities.” 5
3 Heriberto Chavez v. Plan Benefit Services
ca5 · 2020
green “must rigorously consider both rule 23(a)'s prerequisites and the rule 23(b) class type.” 4
4 Stirman v. Exxon Corporation
ca5 · 2002
green “obligation . . . to conduct a rigorous analysis of rule 23's requirements . . . is not dispensed with by the parties' stipulation to certification or failure to contest one or more of rule 23's requirements.” 3
5 In Re: BP, P.L.C. Securities
ca5 · 2015
green “calculations need not be exact, but at the class-certification stage (as at trial), any model supporting a plaintiff's damages case must be consistent with its liability case, particularly with respect to the alleged effect of the violation.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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