Searching Content indexed under Litigation, Mediation & Arbitration by Joshua Yount ordered by Published Date Descending.
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Seventh Circuit Enforces Important Limit On Class Action Tolling
The plaintiff's lawyer then filed a successor suit on his own behalf, which he dismissed when he filed the plaintiff's suit.
United States
22 Nov 2017
Supreme Court Refuses To Allow Class Action To Extend Deadline For Filing Suit
Today, in CalPERS v. ANZ Securities, Inc., the Supreme Court recognized a crucial limitation on the doctrine that allows a class action to toll the deadline for absent class members to bring their own...
United States
3 Jul 2017
Can Opt-Out Plaintiffs File Suit After Expiration of a Statute of Repose? Supreme Court Hears Oral Argument in CalPERS v. ANZ Securities
Yesterday afternoon, the Supreme Court heard oral argument (pdf) in CalPERS v. ANZ Securities, a case that asks whether a plaintiff asserting violations of Section 11 of the Securities Act of 1933 can file suit after the three-year outer limit for such suits has passed ..
United States
18 Apr 2017
Supreme Court Refuses To Overturn Fraud-On-The-Market Presumption, But Adjusts Presumption To Allow Evidence of Absence Of "Price Impact" At Class Certification Stage
The securities class action industry was launched a quarter-century ago when the Supreme Court recognized the so-called "fraud-on-the-market" presumption of reliance in most putative securities class actions.
United States
24 Jun 2014
Supreme Court Will Decide Whether Filing A Class Action Tolls Statute of Repose Under Federal Securities Laws
Last year, we reported on the Second Circuit's ruling in Police & Fire Retirement System of City of Detroit v. IndyMac MBS, Inc. (pdf), 721 F.3d 95 (2d Cir. 2013), that the filing of a class action does not toll the statute of repose in the Securities Act of 1933 for would-be class members who later seek to intervene or file their own suits.
United States
12 Mar 2014
Two Washer Cases Provide The Supreme Court With Its Best Opportunity Since Wal-Mart v. Dukes To Make Sense Of Class-Certification Standards
At its conference on January 10, the Supreme Court can get serious about fixing consumer class actions.
United States
8 Jan 2014
Twelve Amici Join Mayer Brown In Seeking Supreme Court Review Of Front-Loading Washer Cases
As I have previously blogged, my colleagues and I have filed certiorari petitions in two significant cases affecting class-action litigation, Sears Roebuck & Co. v. Butler (pdf) and Whirlpool Corp. v. Glazer.
United States
13 Nov 2013
Mayer Brown Files Cert Petitions In Front-Loading Washer Cases
Today, Mayer Brown filed a pair of certiorari petitions that challenge efforts by two federal appellate courts to narrow the Supreme Court’s recent class-action decisions in Comcast Corp. v. Behrend and Wal-Mart Stores, Inc. v. Dukes to tickets good for a single ride only.
United States
8 Oct 2013
Class Action Filing Doesn’t Toll Statute of Repose for Securities Claims, Says Second Circuit
Under the American Pipe rule, in federal court the filing of a class action tolls the statute of limitations for would-be class members.
United States
16 Jul 2013
What Does Comcast Corp. v. Behrend Mean For Class Action Defendants?
A summary of the Supreme Court ruling in Comcast Corp. v. Behrend.
United States
10 Jun 2013
Can Securities Fraud Defendants Rebut Price Impact To Avoid Class Certification?
Keywords: Amgen v. Conn. Retirement Plans, Basic Inc. v. Levinson, Erica P. John Fund Inc. v. Halliburton Co., Fifth Circuit, fraud on the market, reliance, Supreme Court
United States
31 May 2013
Securities Fraud Defendant Rebuts Fraud-On-The-Market Presumption Of Reliance
With all of the attention on last week’s "Amgen" decision, another interesting decision addressing the fraud-on-the-market presumption of reliance in securities fraud actions may have escaped notice.
United States
15 Mar 2013
Supreme Court Holds That Securities Fraud Plaintiffs Need Not Show Materiality At Class Certification
Today, in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, the Supreme Court held that proof of materiality is not a prerequisite for class certification in a securities fraud class action under Section 10(b), even though materiality is a predicate of the fraud-on-the-market presumption of reliance.
United States
5 Mar 2013
Plaintiffs Seek To Revive Securities Fraud Class Actions Under Second Circuit’s "Class Standing" Doctrine
I previously blogged about the Second Circuit’s troubling decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co. (pdf), 693 F.3d 145 (2d Cir. 2012), which invented a "class standing" doctrine allowing a named plaintiff in a class action to assert Securities Act claims regarding securities that he or she never purchased.
United States
28 Feb 2013
Can Members Of A Mandatory Class Action Opt Out?
A recent decision from the Delaware Supreme Court is a reminder that the members of a mandatory class—one in which the class isn’t guaranteed opt-out rights—sometimes may be given the right to opt out in order to pursue their own individual actions.
United States
11 Feb 2013
Supreme Court To Decide Scope Of Preemption Of State-Law Securities Class Actions By SLUSA
On Friday, the Supreme Court granted review in three consolidated cases: Chadbourne & Parke LLP v. Troice, No. 12-79, Willis of Colorado v. Troice, No. 12-86, and Proskauer Rose LLP v. Troice, No. 12-88.
United States
29 Jan 2013
DRI Amicus Brief Argues That Second Circuit’s Expansive View Of "Class Standing" In Securities Cases Should Be Rejected
A few months ago, I posted about a Second Circuit decision that threatens to open the floodgates to securities class actions, "NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co."
United States
19 Dec 2012
Supreme Court Roundup: The Oral Arguments In Comcast And Amgen
The Supreme Court's 2012-13 term is shaping up to be an important one for class action law.
United States
13 Dec 2012
Is The Second Circuit Placing A Thumb On The Scale When It Reviews Orders Granting Class Certification?
One oddity of the law in the Second Circuit is the unbalanced standard of review that the court sometimes applies to class certification decisions.
United States
7 Dec 2012
Supreme Court Hears Oral Argument On Whether Materiality Must Be Proven At The Class Certification Stage In Securities Class Actions
The Supreme Court recently heard oral argument in a case that may have a significant impact on how district courts resolve class certification fights in securities fraud cases.
United States
26 Nov 2012
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