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· 6/30/2016

Aaron Gonzales v. State

Citations

  • 499 S.W.3d 502
  • 2016 Tex. App. LEXIS 6933
  • 2016 WL 3610589

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a misstatement must be “publicly known” in order to trigger the presumption of reliance
  • explaining that where a purported class alleges actual reliance on the defendant's misrepresentation, it \dooms the predominance of class-wide issues under [Federal Rule of Civil Procedure] 23(b)(3) and defeats class certification\
  • correctly requiring the District Court to con- sider Goldman’s price impact evidence notwithstanding overlap with ma- teriality
  • “A ‘corrective disclosure’ is an announcement or series of announcements that reveals to the market the falsity of a prior statement.” (citing Lentell, 396 F.3d at 175 n.4)
  • in securities fraud, defendant can rebut presumption of reliance by a preponderance
  • “Because the Basic presumption is a substantive doctrine of federal law that derives from the securities fraud statutes, [Waggoner] determined it altered the default rule and imposed a burden of persuasion on defendants seeking to rebut it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Frost, McCally, Brown

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.