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Stoneridge ruling deals a serious blow to secondary suits: Stoneridge might be the most important finance case the Supreme Court decides this year, extending a winning streak for business and Wall Street in shareholder class actions that began in 2004.(LEGAL ISSUES)

Financial Executive, April, 2008 by Vallario, Cynthia Waller

Content provided in partnership with HighBeam Research

In a controversial verdict, the U.S. Supreme Court has refused to expand liability to a class of defendants in a major shareholder securities fraud case, citing precedent and Congressional intent, thus declining to open up a new avenue to punish "scheme liability" scams. This decision may significantly affect the future of private rights of action under federal securities laws.

Does participation in a scheme to manipulate earnings and stock price convert secondary actors into primary violators who are liable to defrauded investors under federal securities laws? That is a difficult argument to prove, and the stringent pleading requirements mandated in these cases recently became even tougher.

In a 5-3 opinion delivered in January in Stoneridge...

 

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