文章基本信息

标题：Don't Blame Me, Blame the Financial Crisis: A Survey of Dismissal Rulings in 10b-5 Suits for Subprime Securities Losses
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作者：Miller, Christopher J.
期刊名称：Fordham Law Review
出版年度：2011
卷号：80
期号：1
页码：273
出版社：Fordham Law School
摘要：This Note surveys thirty-four district court decisions on motions to dismiss in actions brought under SEC Rule 10b-5 for losses suffered during the recent financial crisis. This Note focuses on issues of scienter and loss causation, the elements of a 10b-5 claim most likely to be affected by a market-wide downturn. In the opinions surveyed, successfully pleading scienter proved the biggest hurdle for plaintiffs in surviving a motion to dismiss, and this Note proceeds to analyze the factors that influenced whether a district court found scienter to be adequately pleaded. This Note also examines efforts by both plaintiffs and defendants to use the financial crisis of 2007-08 to support their arguments for or against dismissal, again with particular focus on scienter and loss causation.
关键词：SEC; corporations