Dura Pharmaceuticals, Inc. v. Broudo: A Missed Opportunity to Right the Wrongs in the PSLRA and Rebalance the Private Rule 10b-5 Litigation Playing Field

Abstract

This note examines the Supreme Court's Dura decision, and concludes that the Court's narrow holding (that pleading loss causation cannot be accomplished via a showing that the price of a security at the time of purchase was artificially inflated) was somewhat obvious. The note then proposes an alternative framework through which courts might examine loss causation fact patterns that is consistent with past precedent but firmer and more predictable than the Court's current stance.