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Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System: Supreme Court Vacates Class Certification Order in Decade-Long Class Action, Clarifying That Courts May Consider the Materiality of Alleged Misstatements in Applying Fraud-on-the-Market Pres Wednesday, June 30, 2021
On June 21, 2021, the United States Supreme Court issued a decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System,
1 vacating a decision of the Second Circuit that affirmed certification of a securities fraud class action against The Goldman Sachs Group, Inc. The Court directed the Second Circuit to consider the “generic” nature of Goldman’s alleged misrepresentations in assessing whether Goldman had successfully rebutted the fraud on the market presumption of reliance for purposes of plaintiff’s claim under Section 10(b) of the Securities Exchange Act of 1934, and therefore, whether class certification is appropriate. In an opinion by Justice Am
Our inspired Constitution Dallin H. Oaks
George Washington was perhaps the first to use the word
miracle in describing the drafting of the U.S. Constitution. In a 1788 letter to the Marquis de Lafayette, he said: “It appears to me, then, little short of a miracle, that the delegates from so many different states (which states you know are also different from each other in their manners, circumstances and prejudices) should unite in forming a system of national Government, so little liable to well-founded objections.”
It was a miracle. Consider the setting.
The 13 colonies and 3.5 million Americans who had won independence from the British crown a few years earlier were badly divided on many fundamental issues. Some thought the colonies should reaffiliate with the British crown. Among those who favored continued independence, the most divisive issue was whether the United States should have a strong central government to replace the weak “league of friends
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