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Supreme Court might stop short of overruling fraud on the market

Courtney L. Davenport

During oral arguments in Halliburton Co. v. Erica P. John Fund, Inc., the Supreme Court considered whether the fraud-on-the-market doctrine in securities fraud class actions should be overruled. Some justices seemed to express reluctance to completely overturn it and considered a “midway position” requiring that investors present event studies showing that the alleged misstatement distorted the market price.

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