Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, 863 U.S. ___ (2021), was a 2021 decision of the Supreme Court of the United States related to securities fraud class actions.
Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System | |
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Argued March 29, 2021 Decided June 21, 2021 | |
Full case name | Goldman Sachs Group, Inc., et al. v. Arkansas Teacher Retirement System, et al. |
Docket no. | 20-222 |
Citations | 863 U.S. ___ (more) |
Court membership | |
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Case opinions | |
Majority | Barrett, joined by Roberts, Breyer, Kagan, Kavanaugh; Thomas, Alito, Gorsuch (Parts I and II–A); Sotomayor (Parts I, II–A–1, and II–B) |
Concur/dissent | Sotomayor |
Concur/dissent | Gorsuch, joined by Thomas, Alito |
Background
editA group of investors sued Goldman Sachs after the financial crisis of 2007–2008 to recover up to $13 billion in losses. In 2020, a panel of the United States Court of Appeals for the Second Circuit allowed the class action to proceed, by a 2–1 vote. Judge Richard J. Sullivan dissented.[1]
Decision
editThe Supreme Court issued its decision in June 2021, vacating the court of appeals' judgment and remanding for further proceedings. A unanimous court found that the presumption of classwide reliance established in Basic Inc. v. Levinson required the defendant's statements to be more than just generic guarantees. An 8–1 court, with Justice Sonia Sotomayor dissenting, found that the lower court had not adequately followed this framework, and remanded for further proceedings. A 6–3 court, with Justice Neil Gorsuch dissenting, joined by Justices Clarence Thomas and Samuel Alito, held that defendants have the burden of proof in rebutting the presumption of reliance.[2]
References
edit- ^ Liptak, Adam (June 21, 2021). "Supreme Court Gives Goldman Sachs a Do-Over in Securities Fraud Suit". The New York Times. Retrieved July 4, 2021.
- ^ Mann, Ronald (June 22, 2021). "Justices curb securities-fraud class actions, albeit gently". SCOTUSblog. Retrieved July 4, 2021.
External links
edit- Text of Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, 863 U.S. ___ (2021) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion)