Details on today’s opinions
on Mar 22, 2011 at 9:53 am
The Court issued two opinions this morning:
Matrixx Initiatives v. Siracusano (No. 09-1156) – In a unanimous opinion by Justice Sotomayor, the Court affirmed the decision of the Ninth Circuit. It held that the plaintiffs have stated a claim for securities fraud under § 10(b) of the Securities and Exchange Act and SEC Rule 10b-5 based on a pharmaceutical company’s failure to disclose reports of adverse events associated with a product, even if the reports do not disclose a statistically significant number of adverse events.
Kasten v. Saint-Gobain Performance Plastics (No. 09-834) – By a vote of six to two, in an opinion by Justice Breyer, the Court vacates the decision below and remands the case to the Seventh Circuit. It held that for purposes of the anti-retaliation provision of the Fair Labor Standards Act, the term “filed any complaint†includes both oral and written complaints. (Kagan, J., recused)
