Erica P. John Fund, Inc. v. Halliburton Co.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 09-1403 | 5th Cir. - | Apr 25, 2011 | Jun 6, 2011 | 9-0 | Roberts | OT 2010 |
Holding: Securities fraud plaintiffs need not prove loss causation to obtain class certification.
Plain English Holding: Shareholders who allege that they were defrauded do not have to prove that the alleged fraud caused them to lose money to receive permission to proceed as a class action, rather than in individual lawsuits, even if they will eventually have to prove those losses at trial to win their case.
Judgment: Vacated and remanded on June 6, 2011.
SCOTUSblog Coverage
- Opinion analysis: Fraud-on-market theory intact (Lyle Denniston, June 12, 2011)
- Argument recap: “A crazy way to run a railroad?†(Linda S. Mullenix, April 27, 2011)
- Argument preview: Required showings for securities plaintiffs (Kiera Flynn, April 21, 2011)
- New invitation brief (Anna Christensen, December 3, 2010)
Briefs and Documents
Merits Briefs
- Brief of Petitioner Erica P. John Fund, Inc.
- Brief for Respondent Halliburton Co. et al.
- Reply Brief for Petitioner Erica P. John Fund, Inc.
Amicus Briefs
- Brief for the United States in Support of Petitioner
- Brief for Financial Economists in Support of Petitioner
- Brief for Law Professors Robert Bartlett, Barbara Black, Chris Brummer, William J. Carney, John C. Coffee, Jr., James D. Cox, Lawrence A. Cunningham, Jill E. Fisch, Merritt B. Fox, Erik F. Gerding, Thomas Lee Hazen, Joan Macleod Heminway, Donald C. Langevoort, Frank Partnoy, Margaret V. Sachs, Marc I. Steinberg, Randall S. Thomas, and Cynthia A. Williams in Support of Petitioner
- Brief for the National Association of Shareholder and Consumer Attorneys in Support of Petitioner
- Brief for Public Justice P.C., in Support of Petitioner
- Brief for 16 Public Pension Funds in Support of Petitioner
- Brief for AARP and the North American Securities Administrators Association in Support of Petitioner
- Brief for DRI-The Voice of the Defense Bar in Support of Respondent
- Brief for the Pharmaceutical Research and Manufactures of America in Support of Respondent
- Brief for the Securities Industry and Financial Markets Association in Support of Respondent
- Brief for the American Institute of Certified Public Accountants in Support of Respondent
- Brief of Law Professors in Support of Respondent
- Brief for The American Insurance Association, Axis Insurance Company, Continental Casualty Company, and HCC Global Financial Products Supporting Affirmance
- Brief for National Conference on Public Employment Retirement Systems (NCPERS) in Support of Petitioner
- Brief for the Chamber of Commerce in Support of Respondents
Certiorari-stage documents
- Opinion below (5th Circuit) -
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner's reply (unavailable)
- Respondents' supplemental brief (unavailable)
