Davis Polk partner Brian Burnovski was quoted in Bloomberg Law discussing Johnson & Johnson’s recent cert petition urging the U.S. Supreme Court to review a Third Circuit decision addressing the Court’s 2021 Goldman standard for certifying a stockholder class.

In discussing the possibility that the Court will take the case, Brian said, “It would be great if the Supreme Court took up the case, as I think the lower courts and the securities bar would benefit from greater clarity around when a mismatch should be found under Goldman.”

The article notes that it may be too soon for the Court to revisit Goldman. Brian commented, “Despite Judge Chung’s persuasive dissent, I think the Court is more likely to wait until additional Circuits have a chance to weigh in on this issue.”

“J&J Seeks to Limit Investors’ Class Pathway at Supreme Court,” (Bloomberg Law) (additional subscription required)

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