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26 Jun 2014, 8:40 am
Writing for the majority, Chief Justice Roberts explained that, rather than relieving plaintiffs of the burden of proving predominance before class certification, Basic establishes that a class may only be deemed to meet the predominance requirement of Rule 23(b)(3) if plaintiffs can prove the Basic prerequisites—i.e., publicity, materiality, market efficiency, and market timing--which, except for materiality, must all be shown prior to certification. [read post]
26 Jun 2014, 2:47 pm by Federalist Society
In a unanimous opinion delivered by Chief Justice John Roberts, the Court noted that under section 10(b) of the Securities Exchange Act of 1934 and the SEC’s rule 10(b)(5), investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to buy or sell a company's stock. [read post]
6 Jan 2009, 2:02 pm
" The problem with such insurance plans is two-fold: a) Insurance companies wouldn't have enough information to price and sell such plans for many careers, particularly new careers as to which there is no historical or national data on income patterns; b) Even where such insurance plans are possible, the very people who would most benefit would also be least likely to be able to afford a policy. [read post]
1 Feb 2019, 1:19 pm by Robert Hill and Joseph W. Metro
  This position is (to put it charitably) not only inconsistent with the agency’s approach requiring reporting of rebates as price concessions under Medicaid and encouraging payment of rebates to Medicare Advantage plans on utilization of Part B drugs, but also appears to upend one of the longstanding pillars of the Part D program, namely, price competition between manufacturers for more-favorable formulary position from Part D plan sponsors — which other… [read post]
26 Mar 2012, 1:38 pm by William McGrath
" The Supreme Court vacated a January 2011 decision by the Ninth Circuit that a § 16(b) claim is subject to tolling and remanded the case to the District Court for further proceedings (including consideration of other equitable tolling principles).As discussed here, in 2007 the plaintiff filed over 50 derivative complaints under Section 16(b) in connection with IPOs in 1999 and 2000, alleging that underwriters had arranged for post-IPO stock purchases of the issuers'… [read post]
7 Jun 2011, 8:26 am by Thom Lambert
  While each consumer is charged the same amount for the package, the pricing is in some sense discriminatory, for the seller effectively discriminates against A, the low-elasticity X buyer, on A’s purchase of X and against B, the low-elasticity Y buyer, on B’s purchase of Y. [read post]
17 Sep 2015, 7:27 am by Adam Weinstein
Currently, Batchen is a registered representative of Uhlmann Price Securities, LLC. [read post]
26 Aug 2011, 2:50 am
Winston and Crandall argue that deregulating the legal profession would increase price competition and lead to more efficient provision of services. ...Read Full Post [read post]