The following excerpt is from Irving Firemen's Relief & Ret. Fund v. Uber Techs., Inc., 998 F.3d 397 (9th Cir. 2021):
In the loss causation analysis, "the ultimate issue is whether the defendant's misstatement, as opposed to some other fact, foreseeably caused the plaintiff's loss." Lloyd v. CVB Fin. Corp. , 811 F.3d 1200, 1210 (9th Cir. 2016). A plaintiff must show that the defendant's misrepresentation was a "substantial cause" of his or her financial loss. Loos v. Immersion Corp. , 762 F.3d 880, 887 (9th Cir. 2014) (citation omitted), as amended (Sept. 11, 2014). To survive a motion to dismiss, a plaintiff "need only allege that the decline in the defendant's stock price was proximately caused by a revelation of fraudulent activity rather than by changing market conditions, changing investor expectations, or other unrelated factors." Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.