2004 Supreme Court term

DURA PHARMACEUTICALS, INC. ET AL. v. MICHAEL BROUDO, ET AL.

Dockets 03-932Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioners, the case presents two disparate views of the loss required to sustain a securities‑fraud claim under the Reform Act.

According to Mr. Hungar, petitioners argue that loss causation requires the plaintiff to demonstrate that the inflation attributable to the misrepresentation has been removed or reduced through corrective information to the market.

Respondents contend that Section 9(b) of the Reform Act does not apply to materiality, loss causation, or damages, and that recovery is only possible if the inflation is taken out of the stock.

Background and question before the Court

According to Petitioners, the case presents two disparate views of what kind of loss is necessary to sustain a claim for securities fraud under the Reform Act's loss‑causation requirement.

Justice Kennedy asked whether, had certiorari not been granted, the Ninth Circuit’s opinion would have become final and what would have happened on remand and in the trial court.

According to Justice O'Connor, justice O'Connor questioned whether the general pleading rule governing complaints was adequate for securities‑fraud cases.

What each side argues

Petitioners

According to Mr. Hungar, petitioners argue that loss causation requires the plaintiff to show that the inflation attributable to the misrepresentation has been removed or reduced through corrective information to the market.

According to William F. Sullivan, damages must be the result of the misrepresentation, not of other factors.

According to Mr. Sullivan, the loss‑causation codification in the Reform Act is meaningful and creates a pleading standard that must be satisfied at the time of filing.

According to Mr. Sullivan, the Reform Act’s loss‑causation requirement provides defendants a meaningful opportunity to respond, serving as a screen for frivolous securities‑fraud claims.

Respondents

According to Mr. Cooughlin, section 9(b) of the Reform Act applies only to fraud itself and not to materiality, loss causation, or damages.

According to Mr. Couglin, recovery is possible only if the inflation is taken out of the stock, which constitutes recoverable damages under Ninth Circuit law.

What happened at oral argument

Source-limited The available primary sources do not support a complete explanation yet.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 921e0666f25554d1a09b-r1-7beac3d65f5593c8.pdforal argument transcript

Guide generated September 21, 2026. Automated validation accepted this version.