Legal Opinion

State ex rel. Oregon State Treasurer v. Marsh & McLennan Companies, Inc.

Court of Appeals of Oregon

Decided February 11, 2015No. 050808454; A139453Published

1Opinion of the CourtDuncan, P. J.

In State Treasurer v. Marsh & McLennan Companies, Inc., 241 Or App 107, 250 P3d 371 (2011) CMarsh I), we held that a stock purchaser seeking to recover under ORS 59.137 for securities law violations must prove direct reliance rather than utilize a presumption of reliance under the “fraud-on-the-market” doctrine recognized under federal securities law. The Supreme Court subsequently reversed our decision, concluding that the Oregon legislature intended to incorporate the fraud-on-the-market doctrine when it enacted ORS 59.137. State Treasurer v. Marsh & McLennan Companies, Inc., 353 Or 1, 23,…

2Cases cited14 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  3. State v. GainesOregon Supreme Court · 2009
  4. Amgen Inc. v. Connecticut Retirement Plans and Trust FundsSupreme Court of the United States · 2013
  5. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983

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