Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
Whether a defendant can rebut the inflation maintenance theory by showing that back-end disclosures didn’t actually correct its alleged misstatements, as the Second Circuit has held, or whether the inflation maintenance theory is functionally immune from challenge if the disclosures are about the same general subject as the prior statements, as the Third and Ninth Circuits have held.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to resolve circuit split over how closely related back-end statements precipitating a stock price drop must be to the defendant’s alleged front-end misstatements to justify certifying a class based on the inflation maintenance theory of price impact
July 27, 2026
U.S. Chamber Coalition Amicus Brief
Anton Metlitsky and Noah B. Bokat-Lindell of O'Melveny & Myers LLP served as outside counsel.