Fraud Created the Market Theory in Securities Fraud Litigation

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A fairly new legal theory called "fraud created the market" has not been accepted by the Third Circuit. This theory attempts to get a presumption that the plaintiff reasonably relied by show that the securities at issue were entirely worthless or unmarketable. While the Third and Seventh Circuits don't validate this theory, the Fifth Circuit does. This makes the issue ripe for the U.S. Supreme Court.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Simon Johnson | Attorney Advertising

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