The following excerpt is from Mauss v. Nuvasive, Inc., Case No.: 13cv2005 JM (JLB) (S.D. Cal. 2018):
make the statements made, in light of the circumstances under which they were made, not misleading" in connection with the purchase or sale of any security. 17 C.F.R. 240.10b-5(b). There are six elements to a private securities-fraud claim under Section 10(b) and Rule 10b-5: (1) a material misrepresentation or omission; (2) scienter; (3) a connection between the misrepresentation and the purchase or sale of a security; (4) reliance upon the misrepresentation; (5) economic loss; and (6) loss causation. See Loos v. Immersion Corp., 762 F.3d 880, 886-87 (9th Cir. 2014). Defendants move for summary judgment on the element of loss causation.3
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