halliburton co et al erica john fund fka archdiocese milwaukee supporting fund argued march decided june investors recover damages private securities fraud action prove relied defendant misrepresentation deciding buy sell company stock basic levinson held investors satisfy reliance requirement invoking presumption price stock traded efficient market reflects public material information including material misrepresentations also held however defendant rebut presumption showing alleged misrepresentation actually affect stock price price impact respondent erica john fund epj fund filed putative class action halliburton one executives collectively halliburton alleging made misrepresentations designed inflate halliburton stock price violation section securities exchange act securities exchange commission rule district initially denied epj fund class certification motion fifth circuit affirmed vacated judgment concluding securities fraud plaintiffs need prove loss causation causal connection defendants alleged misrepresentations plaintiffs economic losses class certification stage order invoke basic presumption reliance remand halliburton argued class certification nonetheless inappropriate evidence earlier introduced disprove loss causation also showed alleged misrepresentations affected stock price demonstrating absence price impact halliburton contended rebutted basic presumption without benefit presumption investors prove reliance individual basis meaning individual issues predominate common ones class certification inappropriate federal rule civil procedure district rejected halliburton argument certified class fifth circuit affirmed concluding halliburton use price impact evidence rebut basic presumption trial class certification stage held halliburton shown special justification dickerson overruling basic presumption reliance pp recover damages section rule plaintiff must prove relevant upon misrepresentation omission amgen connecticut retirement plans trust funds recognized basic however requiring direct proof reliance every individual plaintiff place unnecessarily unrealistic evidentiary burden plaintiff traded impersonal market effectively prevent plaintiffs proceeding class action rule suits address concerns held plaintiffs satisfy reliance element rule action invoking rebuttable presumption reliance based presumption known theory holds market price shares traded markets reflects publicly available information hence material misrepresentations also noted typical investor buys sells stock price set market reliance integrity price result whenever investor buys sells stock market price reliance public material misrepresentations may presumed purposes rule action id basic also emphasized presumption reliance rebuttable rather conclusive pp none halliburton arguments overruling basic discredit decision constitute special justification pp halliburton first argues basic presumption inconsistent congress intent passing exchange act argument made dissenting justices basic basic majority find argument persuasive halliburton given new reason endorse pp halliburton also contends basic rested two premises undermined developments economic theory first argues basic espoused robust view market efficiency longer tenable light empirical evidence ostensibly showing material public information often quickly incorporated stock prices basic acknowledged however debate among economists efficiency capital markets refused endorse particular theory quickly completely publicly available information reflected market price instead based presumption reliance fairly modest premise market professionals generally consider publicly announced material statements companies thereby affecting stock market prices moreover making presumption rebuttable basic recognized market efficiency matter degree accordingly made matter proof halliburton identified kind fundamental shift economic theory justify overruling precedent ground misunderstood since overtaken economic realities halliburton also contests premise investors invest reliance integrity market price identifying number classes investors price integrity supposedly marginal irrelevant basic never denied existence investors event rely least facts market prices incorporate public information within reasonable period market prices however inaccurate distorted fraud pp principle stare decisis respect statutory interpretation remains free alter done john sand gravel basic presumption reliance presumption inconsistent recent decisions construing rule cause action central bank denver first interstate bank denver stoneridge investment partners llc declined effectively eliminate reliance element extending liability entirely new categories defendants made material public misrepresentation basic presumption contrast merely provides alternative means satisfying reliance element basic presumption inconsistent recent decisions governing class action certification require plaintiffs prove simply plead proposed class satisfies requirement federal rule civil procedure including applicable predominance requirement rule see stores dukes basic presumption relieve plaintiffs burden rather sets forth plaintiffs must prove demonstrate predominance finally halliburton emphasizes possible harmful consequences securities class actions facilitated basic presumption concerns appropriately addressed congress fact responded extent many pp reasons declines overrule basic presumption reliance also declines modify prerequisites invoking presumption requiring plaintiffs prove price impact directly class certification stage basic presumption incorporates two constituent presumptions first plaintiff shows defendant misrepresentation public material stock traded generally efficient market entitled presumption misrepresentation affected stock price second plaintiff also shows purchased stock market price relevant period entitled presumption purchased stock reliance defendant misrepresentation requiring plaintiffs prove price impact directly take away first constituent presumption halliburton argument argument overruling basic presumption altogether meets fate pp agrees halliburton however defendants must afforded opportunity rebut presumption reliance class certification evidence lack price impact defendants may already introduce evidence merits stage rebut basic presumption well class certification stage counter plaintiff showing market efficiency forbidding defendants rely evidence prior class certification particular purpose rebutting presumption altogether makes sense readily lead results inconsistent basic logic basic allows plaintiffs establish price impact indirectly showing stock traded efficient market defendant misrepresentations public material indirect proxy preclude consideration defendant direct salient evidence showing alleged misrepresentation actually affect stock price consequently basic presumption apply amgen require different result held materiality though prerequisite invoking basic presumption left merits stage bear predominance requirement rule contrast fact misrepresentation price impact basic fundamental premise erica john fund halliburton thus everything issue predominance class certification stage reliance shown basic presumption publicity market efficiency prerequisites must proved class certification given indirect evidence price impact class certification stage event reason artificially limit inquiry stage excluding direct evidence price impact pp vacated remanded roberts delivered opinion kennedy ginsburg breyer sotomayor kagan joined ginsburg filed concurring opinion breyer sotomayor joined thomas filed opinion concurring judgment scalia alito joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press halliburton et petitioners erica john fund fka archdiocese milwaukee supporting fund writ certiorari appeals fifth circuit june chief justice roberts delivered opinion investors recover damages private securities fraud action prove relied defendant misrepresentation deciding buy sell company stock basic levinson held investors satisfy reliance requirement invoking presumption price stock traded efficient market reflects public material information including material misstatements case concluded anyone buys sells stock market price may considered relied misstatements also held however defendant rebut presumption number ways including showing alleged misrepresentation actually affect stock price misrepresentation price impact questions presented whether overrule modify basic presumption reliance whether defendants nonetheless afforded opportunity securities class action cases rebut presumption class certification stage showing lack price impact respondent erica john fund epj fund lead plaintiff putative class action halliburton one executives collectively halliburton alleging violations section securities exchange act stat securities exchange commission rule cfr according epj fund june december halliburton made series misrepresentations regarding potential liability asbestos litigation expected revenue certain construction contracts anticipated benefits merger another company attempt inflate price stock halliburton subsequently made number corrective disclosures epj fund contends caused company stock price drop investors lose money epj fund moved certify class comprising investors purchased halliburton common stock class period district found proposed class satisfied threshold requirements federal rule civil procedure sufficiently numerous common questions law fact representative parties claims typical class claims representatives fairly adequately protect interests class app pet cert except one difficulty also concluded class satisfied requirement rule questions law fact common class members predominate questions affecting individual members see difficulty circuit precedent required securities fraud plaintiffs prove loss causation causal connection defendants alleged misrepresentations plaintiffs economic losses order invoke basic presumption reliance obtain class certification app pet cert epj fund demonstrated connection halliburton alleged misrepresentations district refused certify proposed class appeals fifth circuit affirmed denial class certification ground archdiocese milwaukee supporting fund halliburton granted certiorari vacated judgment finding nothing basic logic justify fifth circuit requirement securities fraud plaintiffs prove loss causation class certification stage order invoke basic presumption reliance erica john fund halliburton halliburton slip loss causation explained addresses matter different whether investor relied misrepresentation presumptively otherwise buying selling stock ibid remanded case lower courts consider arguments class certification halliburton preserved slip remand halliburton argued class certification inappropriate evidence earlier introduced disprove loss causation also showed none alleged misrepresentations actually affected stock price demonstrating absence price impact halliburton contended rebutted basic presumption members proposed class relied alleged misrepresentations simply buying selling stock market price without benefit basic presumption investors prove reliance individual basis meaning individual issues predominate common ones district declined consider halliburton argument holding basic presumption applied certifying class rule app pet cert fifth circuit affirmed found halliburton preserved price impact argument avail acknowledging halliburton price impact evidence used trial merits refute presumption reliance held halliburton use evidence purpose class certification stage rice impact evidence explained bear question common question predominance rule thus appropriately considered merits class certified ibid granted certiorari time resolve conflict among circuits whether securities fraud defendants may attempt rebut basic presumption class certification stage evidence lack price impact also accepted halliburton invitation reconsider presumption reliance securities fraud claims adopted basic ii halliburton urges us overrule basic presumption reliance instead require every securities fraud plaintiff prove actually relied defendant misrepresentation deciding buy sell company stock overturning precedent however require special justification argument precedent wrongly decided dickerson internal quotation marks omitted halliburton failed make showing section securities exchange act securities exchange commission rule prohibit making material misstatement omission connection purchase sale security although section create express private cause action long recognized implied private cause action enforce provision implementing regulation see blue chip stamps manor drug stores recover damages violations section rule plaintiff must prove material misrepresentation omission defendant scienter connection misrepresentation omission purchase sale security reliance upon misrepresentation omission economic loss loss causation amgen connecticut retirement plans trust funds slip quoting matrixx initiatives siracusano slip reliance element proper connection defendant misrepresentation plaintiff injury slip quoting halliburton slip traditional direct way plaintiff demonstrate reliance showing aware company statement engaged relevant transaction purchasing common stock based specific misrepresentation slip basic however recognized requiring direct proof reliance place unnecessarily unrealistic evidentiary burden rule plaintiff traded impersonal market even assuming investor prove aware misrepresentation still show speculative state facts acted misrepresentation made ibid also noted equiring proof individualized reliance every securities fraud plaintiff effectively prevent plaintiffs proceeding class action rule suits every plaintiff prove direct reliance defendant misrepresentation individual issues overwhelm common ones making certification rule inappropriate ibid address concerns basic held securities fraud plaintiffs certain circumstances satisfy reliance element rule action invoking rebuttable presumption reliance rather proving direct reliance misrepresentation based presumption known theory holds market price shares traded markets reflects publicly available information hence material misrepresentations also noted rather scrutinize every piece public information company typical investor buys sells stock price set market reliance integrity price belief reflects public material information result whenever investor buys sells stock market price reliance public material misrepresentations may presumed purposes rule action ibid based theory plaintiff must make following showings demonstrate presumption reliance applies given case alleged misrepresentations publicly known material stock traded efficient market plaintiff traded stock time misrepresentations made truth revealed see halliburton supra slip time basic emphasized presumption reliance rebuttable rather conclusive specifically ny showing severs link alleged misrepresentation either price received paid plaintiff decision trade fair market price sufficient rebut presumption reliance example defendant show alleged misrepresentation whatever reason actually affect market price plaintiff bought sold stock even aware stock price tainted fraud presumption reliance apply either cases plaintiff prove directly relied defendant misrepresentation buying selling stock halliburton contends securities fraud plaintiffs always prove direct reliance basic erred allowing invoke presumption reliance instead according halliburton basic presumption contravenes congressional intent undermined subsequent developments economic theory neither argument however discredits basic constitute special justification overruling decision halliburton first argues basic presumption inconsistent congress intent passing exchange act section action construct congress enact halliburton insists must identify borrow express provision analogous private right action brief petitioners quoting stoneridge investment partners llc atlanta musick peeler garrett employers ins wausau according halliburton closest analogue section section act creates express private cause action allowing investors recover damages based misrepresentations made certain regulatory filings provision requires investor prove bought sold stock reliance upon defendant misrepresentation ibid ignoring direct reliance requirement argument goes basic relieved rule plaintiffs burden congress imposed created cause action epj fund contests premises halliburton argument arguing congress affirmed basic construction section event closest analogue section section section provision require actual reliance need settle dispute basic dissenting justices made argument based section halliburton presses see white concurring part dissenting part basic majority find argument persuasive halliburton given us new reason endorse halliburton primary argument overruling basic decision rested two premises longer withstand scrutiny first premise concerns known efficient capital markets hypothesis basic stated market price shares traded markets reflects publicly available information hence material misrepresentations statement halliburton concludes basic espoused robust view market efficiency longer tenable empirical evidence capital markets fundamentally efficient brief petitioners quoting lev de villiers stock price crashes damages legal economic policy analysis stan rev support contention halliburton cites studies purporting show public information often incorporated immediately much less rationally market prices brief petitioners see see also brief law professors amici curiae halliburton course maintain capital markets always inefficient rather view basic fundamental error ignore fact binary yes question brief petitioners quoting langevoort basic twenty rethinking fraud market rev markets securities efficient markets others even single market process different kinds information less efficiently depending widely information disseminated easily understood brief petitioners yet basic halliburton asserts glossed nuances assuming false dichotomy renders presumption reliance underinclusive overinclusive misrepresentation distort stock market price even generally inefficient market misrepresentation leave stock market price unaffected even generally efficient one brief petitioners halliburton criticisms fail take basic terms halliburton focuses debate among economists degree market price company stock reflects public information company thus degree investor earn abnormal return trading information see brief financial economists amici curiae describing debate debate new indeed basic acknowledged declined enter fray declaring need determine adjudication economists social scientists debated use sophisticated statistical analysis application economic theory recognize presumption reliance explained conclusively adopt particular theory quickly completely publicly available information reflected market price instead based presumption fairly modest premise market professionals generally consider publicly announced material statements companies thereby affecting stock market prices basic presumption reliance thus rest binary view market efficiency indeed making presumption rebuttable basic recognized market efficiency matter degree accordingly made matter proof academic debates discussed halliburton refuted modest premise underlying presumption reliance even foremost critics hypothesis acknowledge public information generally affects stock prices see shiller share honors agree disagree times course prices reflect available information halliburton also conceded much reply brief oral argument see reply brief market prices generally respond new material information tr oral arg debates precise degree stock prices accurately reflect public information thus largely beside point price stock may inaccurate detract fact false statements affect cause loss basic requires schleicher wendt easterbrook even though efficient capital markets hypothesis may garnered substantial criticism since basic post thomas concurring judgment halliburton identified kind fundamental shift economic theory justify overruling precedent ground misunderstood since overtaken economic realities contrast state oil khan unanimously overruling albrecht herald halliburton also contests second premise underlying basic presumption notion investors invest reliance integrity market price reply brief quoting alteration original halliburton identifies number classes investors price integrity supposedly marginal irrelevant reply brief primary example value investor believes certain stocks undervalued overvalued attempts beat market buying undervalued stocks selling overvalued ones brief petitioners internal quotation marks omitted see also brief vivendi amicus curiae describing investment strategies day traders volatility arbitragers value investors many investors indifferent prices halliburton contends courts presume investors rely integrity prices misrepresentations incorporated reply brief basic never denied existence investors recently explained basic concluded reasonable presume investors knowing little hope outperforming market long run based solely analysis publicly available information rely security market price unbiased assessment security value light public information amgen slip emphasis added event reason suppose even halliburton main counterexample value investor indifferent integrity market prices halliburton suggests investor implicitly relies fact stock market price eventually reflect material information else market correction profit depends occur sure value investor believe market price accurately reflects public information time transacts post indirectly rely misstatement sense relevant basic presumption need trade stock based belief market price incorporate public information within reasonable period value investor also presumably tries estimate undervalued overvalued particular stock estimates skewed market price tainted fraud principle stare decisis respect statutory interpretation remains free alter done john sand gravel quoting patterson mclean credit union basic presumption reliance although presumption judicially created doctrine designed implement judicially created cause action described presumption substantive doctrine federal law amgen supra slip provides way satisfying reliance element rule cause action see dura pharmaceuticals broudo element cause action congress may overturn modify aspect interpretations reliance requirement including basic presumption given possibility see reason exempt basic presumption ordinary principles stare decisis buttress case overruling basic halliburton contends addition wrongly decided decision inconsistent recent decisions construing rule cause action halliburton notes held must give dimensions right action congress authorize first enacted statute expand revisited law janus capital group first derivative traders slip quoting stoneridge see central bank denver first interstate bank denver refusing recognize liability rule cause action stoneridge supra refusing extend rule liability certain secondary actors make material misstatements yet basic presumption halliburton asserts opposite expanding rule cause action brief petitioners central bank stoneridge declined extend rule liability entirely new categories defendants made material public misrepresentation extension explained eviscerated requirement plaintiff prove relied misrepresentation made defendant see central bank supra ridge supra basic presumption eliminate requirement rather provides alternative means satisfying presumption makes easier plaintiffs prove reliance alter elements rule cause action thus maintains action original legal scope halliburton also argues basic presumption reconciled recent decisions governing class action certification federal rule civil procedure decisions made clear plaintiffs wishing proceed class action must actually prove simply plead proposed class satisfies requirement rule including applicable predominance requirement rule see stores dukes slip comcast behrend slip according halliburton basic relieves rule plaintiffs burden allowing courts presume common issues reliance predominate individual ones effect basic presumption securities class action cases crucial requirement class certification usually predominance requirement rule basic presumption relieve plaintiffs burden proving class certification requirement met basic instead establishes plaintiff satisfies burden proving prerequisites invoking presumption namely publicity materiality market efficiency market timing burden proving prerequisites still rests plaintiffs exception materiality must satisfied class certification basic words allow plaintiffs simply plead common questions reliance predominate individual ones rather sets forth must prove demonstrate predominance basic afford defendants opportunity rebut presumption reliance respect individual plaintiff showing rely integrity market price trading stock effect leav ing individualized questions reliance case post reason think questions overwhelm common ones render class certification inappropriate rule defendant might attempt pick occasional class member individualized rebuttal cause individual questions predominate finally halliburton amici contend facilitating securities class actions basic presumption produces number serious harmful consequences class actions say allow plaintiffs extort large settlements defendants meritless claims punish innocent shareholders end pay settlements judgments impose excessive costs businesses consume disproportionately large share judicial resources brief petitioners concerns appropriately addressed congress fact responded extent many issues raised halliburton amici congress example enacted private securities litigation reform act pslra stat sought combat perceived abuses securities litigation heightened pleading requirements limits damages attorney fees safe harbor certain kinds statements restrictions selection lead plaintiffs securities class actions sanctions frivolous litigation stays discovery pending motions dismiss see amgen slip prevent plaintiffs circumventing restrictions bringing securities class actions state law state congress also enacted securities litigation uniform standards act stat precludes many state law class actions alleging securities fraud see amgen supra slip legislation demonstrates congress willingness consider policy concerns sort halliburton says lead us overrule basic iii halliburton proposes two alternatives overruling basic alleviate regards decision serious flaws first alternative require plaintiffs prove defendant misrepresentation actually affected stock price price impact order invoke basic presumption enough halliburton contends plaintiffs demonstrate general efficiency market stock traded halliburton second proposed alternative allow defendants rebut presumption reliance evidence lack price impact merits stage agree defendants may already also class certification noted invoke basic presumption plaintiff must prove alleged misrepresentations publicly known material stock traded efficient market plaintiff traded stock misrepresentations made truth revealed see basic amgen supra slip requirements follows theory underlying presumption misrepresentation publicly known distorted stock market price misrepresentation immaterial viewed reasonable investor significantly altered total mix information made available basic supra quoting tsc industries northway market stock traded inefficient plaintiff buy sell stock misrepresentation made truth revealed said acted reliance price first three prerequisites directed price impact whether alleged misrepresentations affected market price first place halliburton slip absence price impact basic theory presumption reliance collapse fundamental premise underlying presumption investor presumptively relies misrepresentation long reflected market price time transaction slip grounding contention investor indirectly relied th misrepresentation reliance integrity market price amgen supra slip halliburton argues since basic presumption hinges price impact plaintiffs required prove directly order invoke presumption proving presumption prerequisites best imperfect proxy price impact suffice far modest refinement basic presumption proposal radically alter required showing reliance element rule cause action called basic presumption actually incorporates two constituent presumptions first plaintiff shows defendant misrepresentation public material stock traded generally efficient market entitled presumption misrepresentation affected stock price second plaintiff also shows purchased stock market price relevant period entitled presumption purchased stock reliance defendant misrepresentation requiring plaintiffs prove price impact directly halliburton proposal take away first constituent presumption halliburton argument primary argument overruling basic presumption altogether market efficiency proposition public material misrepresentation might affect stock price even generally efficient market explained basic never suggested otherwise affords defendants opportunity rebut presumption showing among things particular misrepresentation issue affect stock market price reasons declined completely jettison basic presumption decline effectively jettison half revising prerequisites invoking even plaintiffs need directly prove price impact invoke basic presumption halliburton contends defendants least allowed defeat presumption class certification stage evidence misrepresentation fact affect stock price agree dispute defendants may introduce evidence merits stage rebut basic presumption basic made clear presumption rebutted appropriate evidence including evidence asserted misrepresentation correction affect market price defendant stock halliburton supra slip see basic supra dispute defendants may introduce price impact evidence class certification stage long purpose countering plaintiff showing market efficiency rather directly rebutting presumption epj fund acknowledges course defendants introduce evidence class certification lack price impact evidence market efficient brief respondent see also brief amicus curiae plaintiffs introduce evidence existence price impact connection event studies regression analyses seek show market price defendant stock tends respond pertinent publicly reported events see brief law professors amici curiae case example epj fund submitted event study various episodes might expected affect price halliburton stock order demonstrate market stock takes account material public information company see app describing results study episodes examined epj fund event study included one alleged misrepresentations form basis fund suit see see also securities litigation event study included effect misrepresentation challenged case defendants like plaintiffs may accordingly submit price impact evidence prior class certification defendants may epj fund insists appeals held rely evidence prior class certification particular purpose rebutting presumption altogether restriction makes sense readily lead bizarre results suppose defendant certification stage submits event study looking impact price stock six discrete events effort refute plaintiffs claim general market efficiency agree defendant may suppose one six events specific misrepresentation asserted plaintiffs agree perfectly acceptable suppose district determines despite defendant study plaintiff carried burden prove market efficiency evidence shows price impact respect specific misrepresentation challenged suit evidence certification stage thus shows efficient market alleged misrepresentation price impact yet epj fund view plaintiffs action certified proceed class action entails even though theory apply common reliance thus presumed result inconsistent basic logic basic theory market efficiency prerequisites invoking presumption constitute indirect way showing price impact explained appropriate allow plaintiffs rely indirect proxy price impact rather requiring prove price impact directly given basic rationales recognizing presumption reliance first place see supra indirect proxy preclude direct evidence evidence available explained basic ny showing severs link alleged misrepresentation price received paid plaintiff sufficient rebut presumption reliance basis finding fraud transmitted market price gone without presumption reliance rule suit proceed class action plaintiff prove reliance individually common issues predominate individual ones required rule price impact thus essential precondition rule class action basic allows plaintiffs establish precondition indirectly require courts ignore defendant direct salient evidence showing alleged misrepresentation actually affect stock market price consequently basic presumption apply appeals relied decision amgen holding halliburton introduce evidence lack price impact class certification stage question amgen whether plaintiffs required prove defendants permitted disprove materiality class certification even though materiality prerequisite invoking basic presumption held left merits stage bear predominance requirement rule reasoned materiality objective issue susceptible common classwide proof slip also noted failure prove materiality necessarily defeat every plaintiff claim merits simply preclude invocation presumption thereby cause individual questions reliance predominate common ones ibid see also slip latter respect explained materiality differs publicity market efficiency prerequisites neither necessary prove rule claim merits slip epj fund argues much foregoing said price impact well fair enough price impact differs materiality crucial respect given basic prerequisites must still proved class certification stage common issue materiality left merits stage without risking certification classes individual issues end overwhelming common ones materiality discrete issue resolved isolation prerequisites wholly confined merits stage price impact different fact misrepresentation reflected market price time transaction price impact basic fundamental premise halliburton slip thus everything issue predominance class certification stage reliance shown basic presumption publicity market efficiency prerequisites must proved class certification without proof prerequisites theory underlying presumption completely collapses rendering class certification inappropriate explained publicity market efficiency nothing prerequisites indirect showing price impact dispute least indirect proof price impact needed ensure questions law fact common class amgen slip emphasis deleted see slip even though proof also highly relevant merits stage choice case allowing price impact evidence class certification stage relegating merits evidence price impact certification stage event choice rather limiting price impact inquiry class certification indirect evidence allowing consideration direct evidence well explained see reason artificially limit inquiry certification stage indirect evidence price impact defendants may seek defeat basic presumption stage direct well indirect price impact evidence years ago held plaintiffs satisfy reliance element rule cause action invoking presumption public material misrepresentation distort price stock traded efficient market anyone purchases stock market price may considered done reliance misrepresentation adhere decision decline modify prerequisites invoking presumption reliance maintain consistency presumption class certification requirements federal rule civil procedure defendants must afforded opportunity class certification defeat presumption evidence alleged misrepresentation actually affect market price stock courts denied halliburton opportunity vacate judgment appeals fifth circuit remand case proceedings consistent opinion ordered ginsburg concurring halliburton et petitioners erica john fund fka archdiocese milwaukee supporting fund writ certiorari appeals fifth circuit june justice ginsburg justice breyer justice sotomayor join concurring advancing price impact consideration merits stage certification stage may broaden scope discovery available certification see tr oral arg recognizes incumbent upon defendant show absence price impact see ante judgment therefore impose heavy toll plaintiffs tenable claims understanding join opinion thomas concurring judgment halliburton et petitioners erica john fund fka archdiocese milwaukee supporting fund writ certiorari appeals fifth circuit june justice thomas justice scalia justice alito join concurring judgment implied rule private cause action relic heady days assumed powers create causes action correctional services malesko scalia concurring see case borak since ended practice authority fashion private remedies enforce federal law belongs congress alone ridge investment partners llc absent statutory authorization cause action courts may create one matter desirable might policy matter alexander sandoval basic levinson demonstrates wisdom rule basic presented question investors must prove reliance element implied rule cause action requirement plaintiff buy sell stock reliance defendant misstatement transact modern impersonal securities exchanges rule action statutory resolved question interpreting statutory language without statute interpret guidance however began instead particular policy problem investors impersonal markets traditional reliance requirement hard prove impossible prove common among plaintiffs bringing suits task thus framed resol ving rather interpreting statutory text turned nascent economic theory naked intuitions investment behavior efforts fashion new easier way meet reliance requirement result evidentiary presumption based fraud market theory paved way class actions rule today asked determine whether basic correctly decided suggests stare decisis demands preserve disagree logic economic realities subsequent jurisprudence undermined foundations basic presumption stare decisis prop façade remains basic overruled understanding basic went wrong requires explanation reliance requirement traditionally understood reliance plaintiff upon defendant deceptive acts essential element implied private cause stoneridge supra prove reliance plaintiff must show causation specific misstatement induced investor decision engage transaction erica john fund halliburton slip proof ensures proper defendant misrepresentation plaintiff namely plaintiff lost money result misstatement actually defrauded slip see also dirks sec constitute violation rule must fraud always winners losers necessarily defrauded without connection rule reduced investor insurance plaintiff recover whenever defendant misstatement distorted stock price regardless whether misstatement actually tricked plaintiff buying selling stock first place dura pharmaceuticals broudo quoting basic supra white concurring part dissenting part traditional reliance element requires plaintiff sho aware company statement engaged relevant transaction based specific misrepresentation erica john fund supra slip investors purchase stock third parties impersonal exchanges new york stock exchange often aware particular statement made issuer security therefore establish transacted based specific misrepresentation traditional reliance requirement amenable class treatment inherently individualized nature reliance inquiry renders impossible plaintiff prove common questions predominate individual ones making class certification improper see basic supra fed rule civ proc citing difficulties proof class certification basic dispensed traditional reliance requirement favor new one based new version reliance two related parts first basic suggested plaintiffs meet reliance requirement reasoned market transmits information investor processed form market price investor thus said relied specific misstatement market incorporated statement market price security investor bought sold security reliance integrity market price based belief market price ed stock underlying second basic created presumption indirect form reliance proved based primarily certain assumptions economic theory investor behavior basic afforded plaintiffs traded efficient markets evidentiary presumption steps novel reliance requirement satisfied market incorporated specific misstatement market price security plaintiff transact reliance integrity defendant ostensibly entitled rebut presumption putting forth evidence either steps absent ii basic reimagined reliance requirement mistake passage time compounded failings first based parts presumption reliance questionable understanding disputed economic theory flawed intuitions investor behavior second basic rebuttable presumption odds subsequent rule cases require plaintiffs seeking class certification certification requirements like predominance common questions comcast behrend slip quoting stores dukes slip finally basic presumption investors rely integrity market price virtually irrebuttable practice means essential reliance element effectively exists name basic based presumption reliance two factual assumptions first assumption market public statements generally reflected market price securities second investors markets transact reliance integrity price ibid words created presumption plaintiff met version reliance requirement view common sense probability suggested parts met reality key assumptions highly contestable provide necessary support basic presumption reliance first assumption public statements reflected market price grounded economic theory garnered substantial criticism since basic second assumption investors categorically rely integrity market price simply wrong first assumption publicly available information including public misstatements reflected market price security grounded assumption empirical studies testing economic theory known efficient capital markets hypothesis specifically relied upon version theory posits average investor earn returns beat market efficient market trading basis publicly available information see stout mechanisms market inefficiency introduction new finance citing fama efficient capital markets review theory empirical work finance upshot hypothesis market price shares traded markets reflec publicly available information hence material misrepresentations basic supra time basic version efficient capital markets hypothesis widely accepted see dunbar heller view market efficiency since lost luster see langevoort basic twenty rethinking fraud market rev doubts strength pervasiveness market efficiency much greater today turns even markets like new york stock exchange uniformly incorporate information market prices high speed riction accessing public information presence processing costs means public information impounded security price alacrity perhaps quickness cox understanding causation private securities lawsuits building amgen vand rev hereinafter cox example information easily digestible merger announcements stock splits especially prominent wall street journal articles may incorporated quickly information broadly applicable technical securities exchange commission filings may incorporated slowly even ignored see stout supra see merck securities litigation wall street journal article caused steep decline company stock price even though information contained earlier sec disclosure importantly overwhelming empirical evidence suggests even markets incorporate public information often fail accurately lev de villiers stock price crashes damages legal economic policy analysis stan rev see also many share price movements seem unrelated specific information strongly suggests capital markets fundamentally efficient wide deviations fundamentals occur omitted scores anomalies market swings absence new information prolonged deviations underlying asset values make market efficiency contestable ever langevoort taming animal spirits stock markets behavioral approach securities regulation nw rev dunbar heller anomalies make difficult tell whether given moment stock price accurately reflects value indicated publicly available information sum economists understand price impact basic assumed happen reflexively actually far certain even markets thus basic claim common sense probability support presumption reliance rests shaky footing basic also grounded presumption reliance second assumption investor buys sells stock price set market reliance integrity price words assumed investors transact based belief market price accurately reflects underlying security see urchasers generally rely price stock reflection basic appears adopted assumption investment behavior based believed common sense found imagine ever buyer seller rely market integrity knowingly roll dice crooked crap game rather superficial analysis withstand scrutiny seriously disputed great many investors buy sell stock based belief stock price accurately reflects value many investors fact trade opposite reason think market overvalued stock believe profit mispricing opinion white see macey fraud market theory preliminary issues cornell rev opposite basic assumption appears true investors attempt locate undervalued stocks effort market essence betting market fact inefficient indeed securities transactions often take place transacting parties disagree security value see stout stock markets costly casinos disagreement market failure securities regulation rev vailable evidence suggests investor disagreement inspires lion share equities transactions investors trade reasons entirely unrelated price instance address changing liquidity needs tax concerns portfolio balancing requirements see see also cox investors may purchase due portfolio rebalancing arising obeisance indexing strategy investment decisions made indifference price thus without regard price integrity odds basic understanding motivates investment decisions short basic assumption investors rely common price integrity simply majority tries fails reconcile basic assumption investor behavior reality many investors behave way basic assumed first asserts basic rested modest view rely integrity security market price ante quoting basic amgen connecticut retirement plans trust funds slip emphasis added gloss difficult square basic plain language investor buys sells stock price set market reliance integrity price basic see also hard imagine ever buyer seller rely market event neither basic majority offers anything judicial hunch evidence even investors rely price integrity majority also suggests reason suppose investors buy stock believe undervalued indifferent integrity market prices ante value investor according majority implicitly rel fact stock market price eventually reflect material information presumably tr estimate undervalued overvalued particular stock reference market price ibid whether majority unsupported claims thought processes hypothetical investors accurate surely beside point whatever else investor believes market simply rely integrity market price believe market price accurately reflects public information time transacts investor claim public misstatement induced transaction distorting market price buy price believing accurately incorporated public information sort investor basic critical fiction falls apart basic presumption reliance also conflicts recent cases clarifying rule requirements cases instruct party seeking maintain class action affirmatively demonstrate compliance rule comcast slip quoting slip prevail motion class certification party must demonstrate evidentiary proof law fact common class members predominate questions affecting individual members slip quoting fed rule civ proc basic permits plaintiffs bypass requirement evidentiary proof basic plaintiffs invoke presumption reliance proving predicates deemed met predominance requirement rule see ante amgen supra slip basic facilitates class certification recognizing rebuttable presumption classwide reliance basic holding district appropriately certified class based presumption reliance invoking basic presumption actually prove individual questions reliance overwhelm common questions case basic still requires showing individual investor bought sold reliance integrity market price crucially permits defendants rebut presumption producing evidence individual plaintiffs meet description see petitioners rebut presumption reliance plaintiffs divested basic shares without relying integrity market thus terms basic entitles defendants ask class member whether traded reliance integrity market price inquiry like traditional reliance inquiry inherently individualized questions trading strategies individual investors generate answers apt drive resolution litigation stores supra slip see supra see also cox basic recognition defendants rebut presumption proof investor traded anyway appears require individual inquiries reliance basic thus exempts rule plaintiffs rule proof requirement plaintiffs invoke presumption reliance deemed shown predominance matter law even though resulting rebuttable presumption leaves individualized questions reliance case predominance still unproved needless say exemption beyond basic power bad enough basic merely provided around rule practice rebuttable presumption largely irrebuttable basic ostensibly afforded defendants opportunity rebut presumption providing evidence either aspect plaintiff reliance price impact reliance integrity market price missing turns however realities procedure make rebuttal based individual plaintiff lack reliance virtually impossible stage rebuttal directed class representatives means counsel needs find one class member withstand challenge see grundfest damages reliance section exchange act bus lawyer class certification courts refused allow defendants challenge plaintiff reliance integrity market price prior determination classwide liability see brief chamber commerce america et al amici curiae collecting cases rejecting postcertification attempts rebut individual class members reliance price integrity pertinent classwide liability one search rebuttals grounds turned six cases thousands rule actions brought since basic grundfest supra apparent unavailability form rebuttal troubling implications presumption conclusive practice respect investors reliance price integrity even basic reliance requirement effectively eliminated presumption attaches reliance element longer obstacle prevailing claim even though many class members transacted reliance price integrity see supra without functional reliance requirement essential element ensures plaintiff actually defrauded see stoneridge rule becomes investor rebuttable presumption supposed prevent see basic supra opinion white reasons basic overruled favor straightforward rule eliance plaintiff upon defendant deceptive acts actual reliance fictional version essential element private cause action ridge iii principles stare decisis compel us save basic muddled logic armchair economics hesitated overrule decisions unworkable badly reasoned payne tennessee theoretical underpinnings decisions called serious question state oil khan decisions become irreconcilable intervening developments competing legal doctrines policies patterson mclean credit union otherwise positive detriment coherence consistency law ibid one circumstances justify correction bad precedent basic checks boxes support decision preserve basic majority contends stare decisis force respect statutory interpretation remains free alter done ante quoting john sand gravel internal quotation marks omitted basic course nothing statutory interpretation case concerned evidentiary presumption element implied private cause action judicial construct congress enact text relevant statutes stoneridge supra afforded stare decisis special force outside context statutory interpretation see michigan bay mills indian community thomas dissenting slip good reason statutory cases perhaps plausible congress watches enactments step fix mistakes may leave congress judgment whether interpretive question better left right square niagara frontier tariff bureau rationale untenable comes law like implied private causes action retain duty superintend see exxon shipping baker judiciary wash hands problem created simply calling judicial doctrine legislative thus err areas law presume congress expects us correct mistakes way around duty especially clear rule context said federal courts accepted exercised principal responsibility continuing elaboration scope right definition duties imposes musick peeler garrett employers ins wausau basic presumption reliance remains mistake correct since basic congress enacted two major securities laws private securities litigation reform act pslra stat securities litigation uniform standards act slusa stat pslra sought combat perceived abuses securities litigation ante slusa prevented plaintiffs avoiding pslra restrictions bringing class actions state ibid neither acts touched reliance element implied rule private cause action basic presumption contrary respondent argument majority wisely skips next line defense draw congress silence matter inference congress approved basic begin inappropriate give weight congress unenacted opinion construing doctrines allows create law effectively codif based congress failure address bay mills supra thomas dissenting slip constitution however demands laws passed congress signed president art adherence basic based congressional inaction invert requirement insulating error correction merely congress failed pass law subject cf patterson supra congressional inaction amend duly enacted statute rate arguments legislative inaction speculative best impossible assert degree assurance congressional failure act represents affirmative congressional approval one decisions bay mills supra thomas dissenting slip quoting patterson supra inaction lacks persuasive indeterminate equally tenable inferences may drawn inaction central bank denver first interstate bank denver quoting pension benefit guaranty corporation ltv therefore follow congress failure overturn precedent reason adhere patterson supra especially true congress passed law tell us draw inference inaction pslra expressly othing act shall deemed create ratify implied private right action notes following act ratify even rule private cause action read ratify sub silentio presumption reliance affixed action pslra slusa operate curtail abuses various private causes action securities laws hardly indication congress approved basic expansion private cause action congress failure overturn basic permit us place shoulders congress burden error girouard basic took implied cause action grafted presumption reliance based nascent economic theory personal intuitions investment behavior result unrecognizably broad cause action ready made class certification time experience pointed error decision making clear attempt revise securities law fit alleged new realities financial markets left congress opinion white footnotes private rule action evolved drawn action deceit identify six elements private plaintiff must prove material misrepresentation omission defendant scienter connection misrepresentation omission purchase sale security reliance upon misrepresentation omission economic loss loss causation amgen connecticut retirement plans trust funds slip years preceding basic lower courts commentators experimented various ways facilitate class actions relaxing eliminating reliance element implied action see blackie barrack note theory harv rev note reliance requirement private actions sec rule harv rev theory umbrella term varied efforts black fraud market criticism dispensing reliance requirements certain open market transactions rev investor invoke presumption demonstrating certain predicates public statement efficient market shares traded statement made truth revealed statement material basic weak form hypothesis provides investor earn return trading historical price data see dunbar heller fraud market meets behavioral finance del corporate hereinafter dunbar heller strong form provides investors achieve returns even trading nonpublic information see ibid weak form generally accepted strong form see ibid basic mistaken intuition investor behavior appears involve category mistake invoked hypothesis meant describe markets used one way meant used predictor behavior individual investors langevoort theories assumptions securities regulation market efficiency revisited rev efficient capital markets hypothesis describe investors behave suggests consequences collective behavior cox nothing hypothesis denies popular accounts assume much information searching trading investors institutions done perhaps erroneous belief undervalued overvalued stocks exist systematically discovered langevoort theories supra majority suggests basic squares comcast behrend stores dukes relieve plaintiffs burden proving predominance rather sets forth must prove demonstrate predominance ante argument misses point basic offers defendants chance rebut presumption individualized grounds predicates basic sets forth sufficient invoke presumption necessarily prove predominance absence postcertification rebuttal likely attributable part substantial terrorem settlement pressures brought bear certification see nagareda class certification age aggregate proof rev vanishingly rare exception class certification sets litigation path toward resolution way settlement testing plaintiffs case trial see also stoneridge investment partners llc xtensive discovery potential uncertainty disruption lawsuit allow plaintiffs weak claims extort settlements innocent companies course today decision makes clear defendant may rebut presumption producing evidence misstatement issue failed affect market price security see ante parts basic version reliance key fiction investor indirectly relied misstatement unavailability rebuttal respect one parts still functionally removes reliance element proof