Class Certification In A Post-Halliburton II World

Law360, New York (July 21, 2014, 10:47 AM EDT) -- For over 25 years, plaintiffs' ability to invoke a presumption of reliance on the integrity of the market has been the lynchpin for class certification of securities fraud class actions. The concept of defendants' misrepresentations causing a fraud-on-the-market that distorted prices was actually first coined nearly 50 years ago by Abe Pomerantz, the pioneer of shareholder rights litigation in Herbst v. Able, 47 F.R.D. 11,16 (S.D.N.Y. 1969)....

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