ARKANSAS TEACHER RETIREMENT SYSTEM, West Virginia Investment Management Board, Plumbers and Pipefitters Pension Group, Plaintiffs-Appellees,
v.
Pension Funds, Ilene Richman, Individually and on behalf of all others similarly situated, Plaintiffs,
Howard Sorkin, Individually and on behalf of all others similarly situated, Tikva Bochner, On behalf of herself and all others similarly situated, Dr. Ehsan Afshani, Louis Gold, Individually and on behalf of all others similarly situated, Thomas Draft, individually and on behalf of all others similarly situated, Consolidated Plaintiffs,
v.
GOLDMAN SACHS GROUP, INC., Lloyd C. Blankfein, David A. Viniar, Gary D. Cohn, Defendants-Appellants,
Sarah E. Smith, Consolidated Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Lewis J. Liman , Cleary Gottlieb Steen & Hamilton LLP, New York, NY ( Jared M. Gerber , Lina Bensman , Cleary Gottlieb Steen & Hamilton LLP, New York, NY; Steven P. Lehotsky , U.S. Chamber Litigation Center, Washington, D.C., on the brief), for Amicus Curiae Chamber of Commerce of the United States of America in Support of Defendants-Appellants.
Todd G. Cosenza ( Maxwell A. Bryer , on the brief), Willkie Farr & Gallagher LLP, New York, NY, for Amici Curiae Former United States Securities and Exchange Commission Officials and Securities Scholars in Support of Defendants-Appellants.
Michael C. Keats , Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for Amici Curiae Economic Scholars in Support of Defendants-Appellants.
Deepak Gupta , Gupta Wessler PLLC, Washington, D.C. ( Gregory A. Beck , Gupta Wessler PLLC, Washington, D.C.; Salvatore J. Graziano , Jai K. Chandrasekhar , Bernstein Litowitz Berger & Grossmann LLP, New York, NY, on the brief), for Amici Curiae Securities Law Scholars in Support of Plaintiffs-Appellees.
J. Carl Cecere , Cecere PC, Dallas, TX ( David Kessler , Darren Check , Kessler Topaz Meltzer & Check LLP, Radnor, PA, on the brief), for Amicus Curiae National Conference on Public Employee Retirement Systems in Support of Plaintiffs-Appellees.
Before: WESLEY, CHIN, and SULLIVAN, Circuit Judges.
WESLEY, Circuit Judge:
This is the second time this securities class action has arrived at our doorstep on a Rule 23(f) appeal. The first time we took the case, the United States District Court for the Southern District of New York (Crotty, J.) had certified under Rule 23(b)(3) a shareholder class suing Goldman Sachs Group, Inc. and a handful...
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