The Ninth Circuit reverses a district court decision throwing out a $277.5 million jury verdict. So, let's get this straight: the Ninth Circuit holds that it's simultaneously reasonable for the jury to hold that the securities market didn't adequately process earlier disclosures made by Apollo that it had regulatory issues while at the same time the law was assuming an efficient market on plaintiffs' loss causation theory to preserve class certification. Can't have it both ways: either there's an efficient market permitting loss-causation theories justifying class certification and additional disclosures on the same subject weren't corrective, or there isn't an efficient market and a fraud-on-the-market theory doesn't fly for purposes of class certification. Judge Kozinski, you should know better. One hopes an en banc court or the Supreme Court reverses this travesty. [In re Apollo Group (unpublished), reversing D. Ariz. opinion via D&O Diary; Arizona Republic]
Apollo Group verdict reinstated
Related Entries:
- How much is the Bluetooth settlement injunction worth?
- Update on California foreign policy efforts
- Around the web, February 21
- Ninth Circuit finds Proposition 8 same-sex marriage ban unconstitutional
- NY Times partisan hackery department: filibuster division
- Compucredit v. Greenwood
- Wherein George Soros wastes his money
- Hans Bader on challenging class-action abuses
- Fifth and Ninth Circuits crack down on cy pres abuse
- CCAF Ninth Circuit brief: In re HP Inkjet Printer Litigation
- Bluetooth ripples: "kicker" provisions
- "Days numbered for trial lawyers getting outrageous paydays"?
- In re Bluetooth Headset Products Liability Litigation: CCAF Ninth Circuit victory
- As good an argument for tax simplification as any
- Douglas v. Independent Living Center of Southern California
![]() |
| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
![]() |
| Bridget Carroll Press Officer, Manhattan Institute bcarroll@manhattan-institute.org |



