The U.S. Court of Appeals for the Second Circuit (“Second Circuit”) recently issued an important decision concerning challenging the rejection of claims made by class members in settled U.S. class actions. Contant v. AMA...more
Last week, executives of the now-defunct biotechnology company, Orexigen, filed a petition for certiorari with the U.S. Supreme Court, seeking clarification of the duty to update under the federal securities laws. The...more
The U.S. Supreme Court granted certiorari in China Agritech Inc. v. Resh, to determine whether “[u]pon denial of class certification, may a putative class member, in lieu of promptly joining an existing suit or promptly...more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the...more
5/24/2017
/ Acquisitions ,
AIG ,
Appeals ,
Bailout ,
Breach of Duty ,
Class Action ,
Court of Federal Claims ,
Derivative Suit ,
Equity Claims ,
Exactions ,
Fiduciary Duty ,
Fifth Amendment ,
Just Compensation ,
Loans ,
NYSE ,
Opt-In ,
Preferred Shares ,
Reverse Stock Splits ,
Shareholder Votes ,
Standing ,
Takings Clause
On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more
3/25/2017
/ Amicus Briefs ,
Appeals ,
CalPERS ,
CalPERS v ANZ Securities ,
Class Action ,
Opt-Outs ,
Public Pension ,
Putative Class Actions ,
Retirement Plan ,
SCOTUS ,
Securities Act of 1933 ,
Statute of Limitations ,
Statute of Repose ,
Tolling
On September 27, 2016, the Second Circuit ruled against an opt-out action brought in the continuing Vivendi litigation. The recently issued opinion, however, does have positive implications for institutional investor class...more
The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts...more
Although this blog is focused typically on opportunities for institutional investors to recover losses as class members or plaintiffs, we think this decision in Youngers v. Virtus Investment Partners, Inc., may also be of...more