Split of Authority, Class Action

Supreme Court's Amgen Ruling Creates Wide-Ranging Implications for Securities Suits and Other Business Litigation

by King & Spalding on 3/5/2013

On February 27, 2013, the Supreme Court issued its decision in Amgen, Inc. v. Connecticut Retirement Plans. Justice Ginsburg authored the 6-3 majority opinion affirming the Ninth Circuit’s holding that a securities fraud...more

SCOTUS Ruling in Amgen Case Allows Plaintiffs to Certify Securities Classes Without Proving Materiality

by Ashley Burden, Joni Jacobsen, David Kistenbroker, Angela Liu, Carl Volz | Dechert LLP on 3/4/2013

In Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. ___ (2013), decided on February 27, 2013, the Supreme Court of the United States affirmed the Ninth Circuit’s ruling that, in a case...more

The Supreme Court’s Decision in Amgen Reshapes the Securities Class Certification Battlefield

by Kostas Katsiris, Thomas Welling | Venable LLP on 3/4/2013

On February 27, 2013, the U.S. Supreme Court issued one of the most highly anticipated securities law decisions in recent years in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. __ (2013). The Court’s...more

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 12/21/2012

The big issue in arbitration law in 2012 was class arbitration. Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion. And the...more

Courts Continue to Wrestle With Arbitration Issues

by Greg Mersol | BakerHostetler on 12/17/2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

Amgen Argument Points Up Split in Supreme Court on Class Certification Versus Merits Issues

by Deborah Renner | BakerHostetler on 11/30/2012

On November 5, 2012, the U.S. Supreme Court heard argument in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 1085, a securities class action, that concerned the ongoing question of what evidence is required...more

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Split of Authority › Class Action