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5 Mar 2024, 5:40 am
The plaintiff in the related case bought shares on the day Slack went public and later, but his complaint did not allege the purchases were traceable to the registration statement that he claimed was misleading.The Supreme Court concluded that the statutory context of Securities Act Section 11 required the plaintiff to trace his shares to the allegedly misleading registration statement. [read post]
4 Mar 2024, 10:00 pm
This can lead to participants (and plaintiff firms) probing into fee disclosure (like on Form 5500 schedules) and scrutinizing underlying fees. [read post]
1 Mar 2024, 3:30 am
The letter also notes a third alternative that was the subject of a recent study from Columbia Law Professor & Director of the Center on Corporate Governance John Coffee and his colleague Joshua Mitts: adapting the detailed trading records that broker-dealers already maintain as part of the consolidated audit trail – and requiring production of these records to private plaintiffs in Section 11 litigation. [read post]
29 Feb 2024, 9:50 am
The Third Circuit Court of Appeals recently determined there is not, as part of a precedential decision in the consolidated cases of Falcone v. [read post]
29 Feb 2024, 9:50 am
The Third Circuit Court of Appeals recently determined there is not, as part of a precedential decision in the consolidated cases of Falcone v. [read post]
29 Feb 2024, 9:50 am
The Third Circuit Court of Appeals recently determined there is not, as part of a precedential decision in the consolidated cases of Falcone v. [read post]
29 Feb 2024, 6:28 am
The plaintiffs in the case were patients with frozen embryos for use with IVF, stored in medical centers. [read post]
28 Feb 2024, 3:54 pm
The case has been consolidated with Tremblay v. [read post]
26 Feb 2024, 9:00 am
Background On February 16, 2024, the Alabama Supreme Court issued an opinion in the consolidated cases LePage et al., v. [read post]
22 Feb 2024, 9:27 pm
Facts X (plaintiff, an English company) entered into a pharmaceutical distribution and sales agreement with Y1 (defendant, a Bahraini company), in 2017 in Bahrain. [read post]
22 Feb 2024, 5:14 am
Van Tonder v Road Accident Fund (1736/2020; 9773/2021) [2023] ZAWCHC 305 (1 December 2023) The court consolidated two matters against the Road Accident Fund, for payment of each plaintiff’s past medical and hospital expenses, which were rejected by the RAF due to the fact that both plaintiffs were members of private medical aid schemes, who had covered those medical expenses. [read post]
20 Feb 2024, 9:01 pm
” What follows is an illogical stream of reasons, along with a healthy dose of smoke and mirrors, which together lead the court to a truly bizarre conclusion.The majority begins by noting a “weighty concern” of the plaintiffs: if being a “child” necessitates coming from a “biological womb,” then “even a full-term infant or toddler conceived through IVF and gestated to term in an in vitro environment would not qualify as a ‘child. [read post]
19 Feb 2024, 4:06 am
Coca-Cola Consolidated, Inc. [read post]
18 Feb 2024, 10:22 am
(D.S.D.) -- in consolidated cases involving motions for attorney’s fees, ruling that: (1) plaintiff was both eligible and entitled to attorney’s fees in first case, which the agency did not contest; and (2) plaintiff’s lawsuit was unnecessary to obtain requested records in second case, and thus plaintiff was ineligible for attorney’s fees. [read post]
18 Feb 2024, 5:01 am
When a plaintiff's own doctor—not merely the defendant employer—concludes that the plaintiff cannot perform his job without an accommodation, the plaintiff likely cannot establish that he is otherwise qualified to perform the job without an accommodation. [read post]
12 Feb 2024, 6:07 am
Plaintiff lawyers will posit plan participants as the innocent victims of fiduciary negligence by plan fiduciaries. [read post]
8 Feb 2024, 1:28 pm
As discussed here, shortly after the Journal article’s publication, plaintiff shareholders filed a series of securities class action lawsuits, which were later consolidated in the Northern District of California. [read post]
6 Feb 2024, 10:12 am
This will be the first MDL over which Judge Calabrese will have presided.This is the rare MDL where every party asked for the same district and same judge.As stated in one Plaintiffs' Brief: "Although this would be Judge Calabrese’s first MDL as a judge, his qualifications and complex-civil-litigation experience cannot be doubted. [read post]
2 Feb 2024, 12:30 pm
And in further en banc news, the Ninth Circuit will not reconsider its decision that a district court abused its discretion when it excluded plaintiff's expert testimony on coerced confessions. [read post]
29 Jan 2024, 3:45 am
The actions were consolidated (hereinafter the personal injury action), and a default judgment against all the defendants in the personal injury action was obtained, awarding the plaintiff the total sum of $255,914.50. [read post]
