Your English writing platform
Discover LudwigExact(10)
In some situations the element of reliance may cut both ways.
A common-law court, for example, may enforce a gift promise in which the element of reliance was present in addition to a seal or a nominal consideration.
See also post, at 1212 (criticizing the Court for failing to focus its analysis on "whether the element of reliance is susceptible to classwide proof").
And without the fraud-on-the-market theory, the element of reliance cannot be proved on a classwide basis through evidence common to the class.
The failure to establish materiality retrospectively confirms that fraud on the market was never established, that questions regarding the element of reliance were not common under Rule 23(b)(3), and, by extension, that certification was never proper.
The Court's error occurs when, instead of asking whether the element of reliance is susceptible to classwide proof, the Court focuses on whether materiality is susceptible to classwide proof.
Similar(50)
Finally, pinpointing the moment that the purported "truth" is disclosed to the market is potentially relevant to the elements of reliance and loss causation.
Later editions of Pollock moved towards an objective theory of contracts stressing its historical basis and the element of good faith reliance rather than the artificial equations of will and intentions.
The same perception gap about defining climate change may make managers blind to how much their companies are already doing to reduce carbon and energy use, and thus reduce one element of risk -- reliance on volatilely priced fuels.
Doctrinally, the fraud-on-the-market theory is an interpretation of the reliance element of the private right of action under rule 10b-5.
This case concerns the reliance element of the § 10(b) claim and its interaction with Rule 23(b)(3).
Write better and faster with AI suggestions while staying true to your unique style.
Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com