Jamie A. Levitt, a partner at Morrison & Foerster, and Michael Gerard, an associate with the firm, write that while many litigants will focus on the ostensible "split" between the Second and Fifth circuits with respect to plaintiff's burden of establishing loss causation as part of its motion for class certification, the Second Circuit's pronouncement in Salomon that defendants may rebut loss causation at the class certification stage will likely make the practical effect of this split illusory.
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Outside Counsel
Loss Causation at Class Certification: Illusory Circuit Split
New York Law Journal
November 5, 2008
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