IN RE POLYMEDICA CORP. SECURITIES LITIGATION

No. 05-1220.

432 F.3d 1 (2005)

In re POLYMEDICA CORP. SECURITIES LITIGATION. Richard Bowe, SEP-IRA, on behalf of himself and all others similarly situated; John T. Muha; Thomas Thuma; Lawrence Storey; Jianwei Xu; Howard Hoffman, Plaintiffs-Appellees, v. Polymedica Corp.; Liberty Medical Supply, Inc.; Eric G. Walters; Warren K. Trowbridge; Steven J. Lee, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided December 13, 2005.


Attorney(s) appearing for the Case

Jeffrey B. Rudman, with whom James W. Prendergast, Michael G. Bongiorno, J. Andrew Kent, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellants PolyMedica Corp. and Liberty Medical Supply, Inc.

Michael DeMarco, with whom Daniel E. Rosenfeld and Kirkpatrick & Lockhart LLP were on brief, for appellant Eric G. Walters.

Allan J. Sullivan, with whom Baker & McKenzie LLP was on brief, for appellant Warren K. Trowbridge.

Anthony M. Feeherry, with whom Gus P. Coldebella, Stuart M. Glass, and Goodwin Procter LLP were on brief, for appellant Steven J. Lee.

Thomas G. Shapiro, with whom Theodore M. Hess-Mahan, Shapiro Haber & Urmy LLP, Andrew M. Schatz, Jeffrey S. Nobel, Justin S. Kudler, and Schatz & Nobel, P.C. were on brief, for appellee Thomas Thuma.

Before TORRUELLA, CYR, and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

In this appeal pursuant to Rule 23(f) of the Federal Rules of Civil Procedure from an order certifying a class in a securities fraud case, we must decide an issue of first impression in this Circuit: the standard for determining whether a market was "efficient" when applying the fraud-on-the-market presumption of investor reliance. We also address the level of inquiry that a district court may pursue at the class-certification stage when making...

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