By: Halliburton Co. v. Erica P. John Fund, Inc.: SCOTUS considers shareholder class actions - Overlawyered

Thu, 06 Mar 2014 11:45:04 +0000

[…] Andrew Grossman reports on yesterday’s oral argument in Halliburton v. Erica P. John Fund, which “may be the biggest business case of the term. …Basic [Basic v. Levinson, 1988, in which the Court dispensed with the reliance requirement in favor of the "fraud on the market" theory] came at the tail-end of the Court’s decades-long experiment in policymaking by creating and defining the contours of civil actions. … The chief barrier to overturning Basic may not be its logic, its wisdom, or even its correctness as a matter of law, but instead stare decisis.” Earlier here, here, here, and here. […]

Comments on: Supreme Court and constitutional law roundup

By: Halliburton Co. v. Erica P. John Fund, Inc.: SCOTUS considers shareholder class actions - Overlawyered