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Brief of Alerus Financial Opposing Grant of Certiorari on Question of Burden of Establishing Loss Causation (PDF)
Supreme Court of the United States Feb. 12, 2018
23 pages. "The real issue -- and the one to which the parties, the district court, the panel majority, and the dissent devoted the vast majority of their analysis -- was whether the Plan had come forward with any non-speculative evidence that it had suffered any loss at all.... [T]his case provides a poor vehicle to resolve the question that Petitioners have presented[.]" [The Pioneer Centres Holding Co. Employee Stock Ownership Plan and Trust and Its Trustees, No. 15-1227 (10th Cir. June 5, 2017; cert. pet. filed Aug. 4, 2017)]
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