Loss Causation Experts After Dura

Law360, New York (May 4, 2009, 12:00 AM EDT) -- A crucial element of any securities class action — especially one that survives an initial motion to dismiss — is the role of the expert witness on loss causation.

The strength of the causation and damages model presented by the expert — who is frequently the same expert to testify on market efficiency in a fraud-on-the-market case — may be critical to plaintiffs’ ability to survive class certification and summary judgment.

Moreover, the parameters of any possible settlement may be influenced more by the expert than...
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