What is the test for determining whether a misrepresentation was a foreseeable cause of loss?

MultiRegion, United States of America

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.

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