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UNGER v. AMEDISYS INC.

No. 03-30965.

401 F.3d 316 (2005)

Frances UNGER, et al., Plaintiffs, William Patterson, lead plaintiff; Gordon Ellis, lead plaintiff, Plaintiffs-Appellees, v. AMEDISYS INC.; et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 17, 2005.

Attorney(s) appearing for the Case

Marjorie Ann McKeithen (argued), Martin Stewart Bohman, McKeithen, McKeithen & Bohman, Baton Rouge, LA, Mark Levine, Stull, Stull & Brody, New York City, Lynn Lincoln Sarko, Juli Farris Desper (argued), Elizabeth A. Leland, Keller Rohrback, Seattle, WA, for Plaintiffs-Appellees.

James Richard Swanson (argued), Loretta Gallaher Mince, Correro, Fishman, Haygood, Phelps, Walmsley & Casteix, New Orleans, LA, for Amedisys Inc., Borne, Graham and Joffrion.

James A. Brown, Jon Charles Anjier (argued), Liskow & Lewis, New Orleans, LA, for United Nat. Ins. Co.

Before REAVLEY, JONES and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This case, on review pursuant to Fed. Rule Civ. Proc. 23(f), implicates the standards and procedures used by district courts when considering certification of securities class actions dependent on the "fraud on the market" theory. See Basic, Inc. v. Levinson, 485 U.S. 224, 108 S.Ct. 978, 99 L.Ed.2d 194 (1988). Like our brethren in the Third, Fourth, Seventh and Ninth Circuits, we hold that a careful...

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