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Abstract: 

Analysis of the element of loss causation is having, and will continue to have, a significant impact on all phases of securities class action litigation, including the lead plaintiff appointment process, the pleading stage, adjudication of motions to dismiss, and the calculation of damages. Dura and its progeny have clarified the requirement that, to have a viable claim, a claimant must have purchased the securities during the class period and held them at least through the first revelation of a corrective disclosure, or some other demonstrable dissipation of the artificial inflation.

Keywords: Loss causation; class certification; in-and-out plaintiffs

Affiliations:  1: Finkelstein Thompson LLP; 2: Finkelstein Thompson LLP.