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Plaintiffs Alleging Securities Fraud Face Difficulty Establishing Prima Facie Case

The Eleventh Circuit Court of Appeals recently issued an opinion addressing what elements a plaintiff in a private securities fraud case must prove in order to establish a prima facie case. In Hubbard v. BankAtlantic Bancorp, Inc., 2012 WL 2985112 (11th Cir. Jul. 23, 2012), the Court held that the plaintiff had to prove loss causation, or that the plaintiff’s loss can be attributed to the defendants’ fraud and not ancillary factors unrelated to the defendant’s actions. The decision highlights the difficulty for most plaintiffs in establishing a prima facie case of securities fraud in a turbulent economic environment.

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Categories: LitigationFederal LawFederal CourtsTorts
Tags: Market Share LiabilityFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysFort Lauderdale LitigatorsMiami LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Construction LawyerMiami Commercial Litigation AttorneySecurities and Exchange Commission
Author(s): Brooke P. Dolara

Third DCA Holds That Product Manufacturers Whose Products Were Not Used By Plaintiff May Still Be Liable Under Civil Conspiracy

On September 28, 2011, the Third District Court of Appeals of Florida in Rey v. Philip Morris, Inc., ___ So. 3d ___ , 2011 WL 4467387 (Fla. 3d DCA 2011), reversed a Miami-Dade County Circuit Court decision granting final summary judgment to three cigarette manufacturers. The plaintiff did not dispute that her husband had never smoked cigarettes manufactured by those three defendants.

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Categories: LitigationTorts
Tags: Jamie A. ColeEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaProducts LiabilityMarket Share LiabilityFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. Mandel
Author(s): Eric P. Hockman