Decided
Erica P. John Fund, Inc. v. Halliburton Co.
Holding
Securities fraud plaintiffs need not prove loss causation to obtain class certification.
Plain English Holding
Shareholders who allege that they were defrauded do not have to prove that the alleged fraud caused them to lose money to receive permission to proceed as a class action, rather than in individual lawsuits, even if they will eventually have to prove those losses at trial to win their case.
Judgment
Vacated and remanded, 9-0, in an opinion by John Roberts on Jun 6, 2011.
Merits Briefs
- Brief of Petitioner Erica P. John Fund, Inc.
- Brief for Respondent Halliburton Co. et al.
- Reply Brief for Petitioner Erica P. John Fund, Inc.
Amicus Briefs
- Brief for the United States in Support of Petitioner
- Brief for Financial Economists in Support of Petitioner
- Brief for Law Professors Robert Bartlett, Barbara Black, Chris Brummer, William J. Carney, John C. Coffee, Jr., James D. Cox, Lawrence A. Cunningham, Jill E. Fisch, Merritt B. Fox, Erik F. Gerding, Thomas Lee Hazen, Joan Macleod Heminway, Donald C. Langevoort, Frank Partnoy, Margaret V. Sachs, Marc I. Steinberg, Randall S. Thomas, and Cynthia A. Williams in Support of Petitioner
- Brief for the National Association of Shareholder and Consumer Attorneys in Support of Petitioner
- Brief for Public Justice P.C., in Support of Petitioner
- Brief for 16 Public Pension Funds in Support of Petitioner
- Brief for AARP and the North American Securities Administrators Association in Support of Petitioner
- Brief for DRI-The Voice of the Defense Bar in Support of Respondent
- Brief for the Pharmaceutical Research and Manufactures of America in Support of Respondent
- Brief for the Securities Industry and Financial Markets Association in Support of Respondent
- Brief for the American Institute of Certified Public Accountants in Support of Respondent
- Brief of Law Professors in Support of Respondent
- Brief for The American Insurance Association, Axis Insurance Company, Continental Casualty Company, and HCC Global Financial Products Supporting Affirmance
- Brief for National Conference on Public Employment Retirement Systems (NCPERS) in Support of Petitioner
- Brief for the Chamber of Commerce in Support of Respondents
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Related Coverage
May 13, 2010Petition for a writ of certiorari filed. (Response due June 18, 2010)
Jun 11, 2010Order extending time to file response to petition to and including July 19, 2010.
Jul 6, 2010Order further extending time to file response to petition to and including August 18, 2010.
Aug 18, 2010Brief of respondents Halliburton Co., et al. in opposition filed.
Aug 30, 2010Reply of petitioner Erica P. John Fund, Inc. filed.
Sep 1, 2010DISTRIBUTED for Conference of September 27, 2010.
Oct 4, 2010The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 3, 2010Brief amicus curiae of United States
Dec 14, 2010Supplemental brief of respondents Halliburton Co., et al. filed.
Dec 15, 2010DISTRIBUTED for Conference of January 7, 2011.
Jan 7, 2011Petition GRANTED.
Feb 7, 2011SET FOR ARGUMENT ON Monday, April 25, 2011.
Feb 9, 2011Record form U.S.C.A. for 5th Circuit is electronic.
Feb 9, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Feb 14, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 14, 20112 Volumes of transcript received from U.S.C.A. for 5th Circuit. (1 box)
Feb 22, 2011Joint appendix filed (2 volumes, 1 supplemental volume). (Statement of costs received)
Feb 22, 2011Brief of petitioner Erica P. John Fund, Inc. filed.
Feb 28, 2011Record from U.S..D.C. for Northern District of Texas is electronic.
Mar 1, 2011Brief amicus curiae of United States filed.
Mar 1, 2011Brief amici curiae of 16 Public Pension Funds filed.
Mar 1, 2011Brief amici curiae of Financial Economists filed.
Mar 1, 2011Brief amici curiae of Law Professors Robert Bartlett, et al. filed.
Mar 1, 2011Brief amicus curiae of National Conference on Public Employee Retirement Systems filed.
Mar 1, 2011Brief amicus curiae of Public Justice, P.C. filed.
Mar 1, 2011Brief amicus curiae of National Association of Shareholder and Consumer Attorneys filed.
Mar 1, 2011Brief amici curiae of AARP, et al. filed.
Mar 8, 2011CIRCULATED.
Mar 8, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 24, 2011Brief of respondents Halliburton Co., et al. filed. (Distributed)
Mar 30, 2011Brief amici curiae of Law Professors filed. (Distributed)
Mar 30, 2011Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed)
Mar 31, 2011Brief amici curiae of American Insurance Association, et al. filed. (Distributed)
Mar 31, 2011Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Mar 31, 2011Brief amicus curiae of Securities Industry and Financial Markets Association filed. (Distributed)
Mar 31, 2011Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Mar 31, 2011Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Mar 31, 2011Brief amicus curiae of American Institute of Certified Public Accountants filed. (Distributed)
Apr 15, 2011Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 18, 2011Reply of petitioner Erica P. John Fund, Inc. filed. (Distributed)
Apr 25, 2011Argued. For petitioner: David Boies, Armonk, N. Y.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: David Sterling, Houston, Tex.
Jun 6, 2011Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Jul 8, 2011JUDGMENT ISSUED.
Recommended Citation: Erica P. John Fund, Inc. v. Halliburton Co., SCOTUSblog, https://www.scotusblog.com/cases/erica-p-john-fund-inc-v-halliburton-co/