Plaintiffs' Experts In '08 Securities Class Actions

Law360, New York (January 15, 2009, 12:00 AM EST) -- Over the course of 2008, plaintiffs’ experts in several securities class actions failed to overcome legal hurdles requiring plaintiffs to establish loss causation under Dura Pharmaceuticals Inc. v. Broudo, 544 U.S. 336 (2005).

These 2008 decisions, though largely overlooked, are significant in perpetuating a trend rejecting plaintiffs’ expert testimony related to loss causation and damages. Court Excludes Expert Testimony Based On Unreliable Principles And Methods

In Xcelera, the court refused to admit proposed testimony of Dr. Scott Hakala, a frequently used expert among plaintiffs’ securities...
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