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20 May 2024, 9:05 pm
NYSE clarified the scope and applicability of Nortel’s “direct relationship” test to non-issuers, addressing some of the problems with Nortel’s holding. [read post]
20 May 2024, 6:30 am
However, in the past few years, the Caremark cases brought by the plaintiffs’ bar have been met with increased receptivity, and the court has found in several cases, at the pleading stage, that it was reasonably conceivable (the Delaware standard to survive a motion to dismiss) that directors or officers may have breached their Caremark duties. [read post]
20 May 2024, 6:30 am
However, in the past few years, the Caremark cases brought by the plaintiffs’ bar have been met with increased receptivity, and the court has found in several cases, at the pleading stage, that it was reasonably conceivable (the Delaware standard to survive a motion to dismiss) that directors or officers may have breached their Caremark duties. [read post]
20 May 2024, 6:26 am
Supreme Court case that allowed securities class action plaintiffs to rely on a rebuttable presumption of market efficiency in demonstrating reliance, is over 35 years old.[10] So is the U.S. [read post]
19 May 2024, 9:05 pm
In a 2-1 ruling, the appeals court rejected the plaintiffs’ two primary claims. [read post]
17 May 2024, 4:54 pm
Conservation of limited financial resources meets that test. [read post]
17 May 2024, 12:07 pm
Discussion – The plaintiff states that Mr. [read post]
17 May 2024, 9:16 am
In earlier cases, courts dismissed plaintiffs’ challenges because they found that noncompetes involved de minimis effects on competitions and did not harm the public interest, as shown by the plaintiffs’ failure to show non-competes effects on the market. [read post]
15 May 2024, 10:00 am
" Viewed in the light most favorable to plaintiff as the nonmovant (see Vega v Restani Constr. [read post]
15 May 2024, 10:00 am
" Viewed in the light most favorable to plaintiff as the nonmovant (see Vega v Restani Constr. [read post]
15 May 2024, 7:41 am
Plaintiffs Nealy and MSI claim to own registered copyrights in eight musical works, either as works made for hire or by assignm [read post]
13 May 2024, 8:46 pm
It applies the “but-for” test, questioning whether the harm would have occurred if not for the defendant’s conduct. [read post]
13 May 2024, 6:41 am
” “Finally, the Court addressed disclosure about the second advisor’s role in the bidder outreach process, which the plaintiffs claimed had been overstated in the proxy. [read post]
12 May 2024, 9:39 am
In other words, a plaintiff wants to hold a defendant liable for the injuries caused by the defendant’s independent contractor. [read post]
10 May 2024, 12:30 pm
Unfortunately for the plaintiffs, they lose under that standard, too. [read post]
10 May 2024, 9:01 am
Circuit’s application of the Fitzgerald test in Blassingame v. [read post]
10 May 2024, 7:00 am
The plaintiff hired Admiralty & Maritime Expert Witness Randall Jacques to provide expert witness testimony. [read post]
10 May 2024, 6:39 am
May 7, 2024) Plaintiffs alleged that defendants’ at-home ovulation test kits were deceptive because they advertised “ovulation test kits” alongside the front-of-package statement “99% ACCURATE,” which conveyed that that the tests are 99% accurate at testing for ovulation, when in fact, the products detect a surge in luteinizing hormone (LH), and not actual ovulation. [read post]
10 May 2024, 5:03 am
Some may minimize a patient’s pain or may fail to run tests or read tests correctly. [read post]
10 May 2024, 12:15 am
May 3, 2024), the plaintiff sued for damages that arising from or related to a management-led buyout of the plaintiffs' shares. [read post]
