Four years ago, the United States Supreme Court issued its landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II) which held that defendants could affirmatively challenge price impact at the class certification stage. Since then, several important decisions have begun to take hold and shape the post-Halliburton II class certification landscape. For example, many courts have wrestled with the difficult questions of: (1)what evidence Defendants can properly show at the class certification stage to show a lack of price impact; and (2) what standard of proof is actually required to rebut the “fraud-on-the-market” presumption of reliance. These decisions, as well as other related developments in class certification jurisprudence are drastically changing the way class certification is litigated.
Partner Christine Fox and Associate James Christie will present this CLE for Lawline.com. More information on the program can be found here.