Challenging Loss Causation In The 2nd Circ.

Law360, New York (April 18, 2011, 12:18 PM EDT) -- On April 25, 2011, the U.S. Supreme Court will hear oral argument in Erica P. John Fund Inc. v. Halliburton Co., 131 S. Ct. 856 (2011). Some legal commentators, and even the parties, have said that Halliburton will resolve whether a plaintiff must establish “loss causation” — the element of a securities fraud claim that requires a showing that the alleged fraud caused an economic loss to investors — in order to win class certification.

But that is too broad a characterization. The question presented in...
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