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Securities,
9th U.S. Circuit Court of Appeals

Jun. 28, 2021

Volkswagen ruling makes securities fraud class actions harder, plaintiff says

“Plaintiffs were trying to turn Affiliated Ute into an open-ended presumption that would apply in every case, since every misrepresentation case can be categorized as involving omissions,” said Volkswagen’s counsel, Robert J. Giuffra of Sullivan & Cromwell LLP.

Reversing a district court's denial of Volkswagen's motion for summary judgment in a securities fraud class action, the 9th U.S. Circuit Court of Appeals made it harder Friday for plaintiffs to bring such claims, the dissenter and plaintiffs' attorney said.

Still facing litigation relating to the 2015 "clean emissions" scandal, in which Volkswagen installed a cheat device to pass emissions checks, the car company filed an interlocu...

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