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Loss Causation

Morrison & Foerster LLP

Sec Lit IQ: MoFo’s Quarterly Federal Securities Litigation and Delaware Corporate Litigation Newsletter (Q4 2025)

In our latest edition of MoFo’s Quarterly Federal Securities and Corporate Litigation Newsletter, we provide a rundown of select developments from the fourth quarter of 2025, including: • An Eleventh Circuit revival of a...more

A&O Shearman

Central District Of California Grants In Part And Denies In Part Motion To Dismiss Proposed Securities Class Action Against...

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On December 12, 2025, Judge Sherilyn Peace Garnett of the United States District Court for the Central District of California granted in part and denied in part a motion to dismiss a proposed investor class action against a...more

A&O Shearman

Northern District Of California Grants Motion To Dismiss Securities Fraud Suit Against Payment Technology Company

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On December 10, 2025, Judge Noël Wise of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities fraud class action asserting claims against a payment...more

A&O Shearman

Eleventh Circuit Revives Putative Class Action Against Power and Utility Holding Company

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On November 26, 2025, the United States Court of Appeals for the Eleventh Circuit reinstated a putative class action asserting claims under the Securities Exchange Act of 1934 against an electric utility company, its parent...more

A&O Shearman

Northern District Of California Dismisses With Prejudice Putative Securities Class Action Against Social Media Company

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On November 20, 2025, Judge Edward J. Davila of the United States District Court for the Northern District of California dismissed with prejudice a putative securities class action against a social media platform (the...more

Mayer Brown

US Solicitor General Supports Plan Sponsors on Key ERISA Legal Questions in US Supreme Court Amicus Briefs

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Over the summer, we published a Legal Update discussing the Supreme Court’s invitations to the US Solicitor General to file briefs expressing his views on whether to grant the cert petitions in two pending ERISA class actions...more

A&O Shearman

Washington District Court Declines To Dismiss Putative Class Action Against Coffee Retailer

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On November 19, 2025, Judge John H. Chun of the United States District Court for the Western District of Washington pared the allegations in a putative class action asserting claims under the Securities Exchange Act of 1934...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - November 2025

The Middle District of Tennessee allowed significant portions of a securities class action to proceed against Shoals Technology Group, Inc. (Shoals) and certain of its executives based on allegations that they made false and...more

A&O Shearman

Second Circuit Revives Putative Securities Fraud Class Action Against Food and Personal Care Company

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On September 29, 2025, the United States Court of Appeals for the Second Circuit vacated a district court order dismissing a putative securities class action against a natural food and personal care company (the “Company”)...more

Zelle  LLP

Fatal to Recovery: AZ Wealth Big Springs, LLC. v. Third Coast Insurance Co. Confirms that the Insured Bears the Burden of...

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Texas Courts apply the concurrent-causation doctrine, which sets out that “when covered and non-covered perils combine to create a loss, the insured is entitled to recover that portion of the damage caused solely by the...more

A&O Shearman

Middle District of Florida Denies Motion to Dismiss Putative Securities Class Action Against Autonomous Vehicle Technology Company

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On September 10, 2025, Judge Julie S. Sneed of the Middle District of Florida denied a motion to dismiss a putative securities class action brought against an autonomous vehicle technology company (the “Company”) and its CEO....more

Secretariat

FirstEnergy at the Sixth Circuit Reshapes Securities Class Actions

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In its landmark ruling in Owens, et al. v. FirstEnergy Corp., et al. (“FirstEnergy”), the U.S. Court of Appeals for the Sixth Circuit vacated the district court’s class-certification order, clarifying a new standard for...more

Orrick, Herrington & Sutcliffe LLP

Court dismisses Ohio pension fund’s securities suit against Freddie Mac

On August 29, the U.S. District Court for the Northern District of Ohio granted summary judgment to Freddie Mac and former executives, ending an investor suit brought by an Ohio state pension fund over alleged...more

A&O Shearman

SDNY Dismisses Securities Fraud Claims Against AI Company

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On July 23, 2025, Judge John P. Cronan of the Southern District of New York granted a motion to dismiss a putative securities class action brought against an artificial intelligence (AI) company (the “Company”) and certain of...more

A&O Shearman

Western District Of Pennsylvania Denies Motion For Judgment On The Pleadings In Securities Class Action Against Pharmaceutical...

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On July 8, 2025, Judge Nicholas Ranjan of the United States District Court for the Western District of Pennsylvania denied a motion for judgment on the pleadings, allowing a putative securities class action to proceed against...more

A&O Shearman

Northern District Of California Narrows Claims In Securities Class Action Against Medical Devices Company

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On June 3, 2025, Judge Jacqueline S. Corley of the Northern District of California granted in part a motion to dismiss a putative securities class action brought against a medical devices company (the “Company”), its CEO, and...more

IMS Legal Strategies

The Power of Analogies in Securities Litigation

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In high-stakes securities litigation, trial teams often find themselves at a crossroads—how do you present intricate financial concepts to a jury that may have little to no background with the industry and relevant laws? The...more

Cooley LLP

Deciding Issue of First Impression, Fourth Circuit Holds Short-Seller Report Could Not Support Loss Causation – in Significant...

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On April 8, 2025, the US Court of Appeals for the Fourth Circuit affirmed the US District Court for the District of Maryland’s dismissal of all claims in Defeo et al. v. IonQ, Inc. et al., a securities class action asserting...more

A&O Shearman

Northern District Of California Dismisses Putative Securities Class Action Against Grocery Delivery Company For Failure To...

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On May 9, 2025, Judge Edward J. Davila of the Northern District of California granted a motion to dismiss a purported securities class action against a grocery delivery company (the “Company”), certain of its officers and...more

Morrison & Foerster LLP

Securities Fraud Claims Based on Short Reports

Is a report by a short seller followed by a stock decline enough to plead securities fraud? This month, the Fourth Circuit considered this issue. In Defeo v. IonQ, Inc., a group of investors sued IonQ, a developer of quantum...more

A&O Shearman

Fourth Circuit Affirms District Court’s Denial Of Motion To Amend A Securities Fraud Class Action Against Quantum Computing...

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On April 8, 2025, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to amend a class action complaint against a quantum computing company (the “Company”) and the...more

A&O Shearman

Northern District Of California Grants Summary Judgment To Software Company In Securities Class Action

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On April 10, 2025, Judge Charles R. Breyer of the United States District Court for the Northern District of California granted a motion for summary judgment in favor of a software company (the “Company”) in a purported class...more

Sheppard Mullin Richter & Hampton LLP

Fourth Circuit Rejects the Use of Short-Seller Report as a Basis for Satisfying Loss Causation Element in Securities Fraud Action

The United States Court of Appeals for the Fourth Circuit recently joined a growing consensus among federal appellate courts: short-seller reports, without more, rarely suffice to plead loss causation under the federal...more

Alston & Bird

The Fourth Circuit Joins the Ninth Circuit in Curtailing Plaintiffs’ Use of Short Seller Reports to Plead Federal Securities...

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Our Securities Litigation Group examines the Fourth Circuit decision to limit plaintiffs’ use of short seller reports to plead federal securities claims....more

A&O Shearman

Middle District Of Florida Denies Motion To Dismiss Federal Securities Action Against Retailer Holding Plaintiff Adequately...

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On December 4, 2024, Judge John L. Badalamenti of the United States District Court for the Middle District of Florida denied a motion to dismiss a putative securities fraud action against a retail company (the “Company”), its...more

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