Justices Must Weigh Class Cert. Denial Stats In Goldman Case

By Jared Gerber and Allison Kim (May 18, 2021, 5:58 PM EDT) -- In an otherwise turbulent year, at least one aspect of life held true in 2020: Class certification motions were almost always granted in securities class actions.

According to a recent presentation by Cornerstone Research Inc., class certification motions were denied in only 1% of securities class actions resolved between 2011 and 2020.[1] In addition, while many securities class actions are dismissed or settled before reaching a decision on class certification, those cases that do make it that far are almost always certified.

In particular, NERA Economic Consulting reported in 2019 that 89% of the motions for class certification in securities fraud...

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