Supreme Court to Hear Goldman Securities Suit and Revisit Critical Class Certification Issues
USA
December 14 2020
On Friday night, December 11, 2020, tucked below its order denying Texas's bid to overturn the results of the Presidential election, the U.S. Supreme Court agreed to review what petitioners Goldman Sachs Group, Inc. and its former top executives ("Goldman") billed as "the most important securities case to come before the Court since Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. 258 (2014) (Halliburton II)." That the Supreme Court granted Goldman's petition in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System without a well-developed circuit split suggests that some members of the Court are troubled by the pro-plaintiff, lower-court decisions in this case and how class certification issues are handled in securities actions.