The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship....more
The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the...more
1/31/2018
/ Appeals ,
Barclays ,
Burden of Persuasion ,
Burden of Production ,
Class Action ,
Class Certification ,
Collateralized Debt Obligations ,
Conflicts of Interest ,
FRCP 23(b)(3) ,
Goldman Sachs ,
Material Misstatements ,
Preponderance of the Evidence ,
Rule 10(b) ,
Rule 10b-5 ,
Securities Exchange Act ,
Securities Fraud ,
Securities Violations ,
Stocks
The Seventh Circuit affirmed a class action coupon settlement involving “clear sailing” and “kicker” clauses and a fee award based on the lodestar analysis rather than the value of the redeemed coupons, and notwithstanding a...more