Matrixx Opens Door for Plaintiffs, but Only a Crack

March 22, 2011

Christopher J. Keller was quoted on the U.S. Supreme Court's ruling in favor of the plaintiffs in Matrixx Initiatives et al. v. Siracusano et al.

Rejecting such a "bright line" test for materiality was necessary to prevent defendants from hiding behind a lack of statistics, according to Christopher J. Keller, a partner at Labaton Sucharow LLP.

"Whenever you put down a bright-line test, there's always going to be an attempt to game the system, " he said. "And I think this avoids it."