Litigation

Recent Posts

2nd Circuit Enforces FLSA Class Action Waiver
Posted on 23 Aug 2013 by Kevin M. LaCroix

Earlier this summer when the U.S. Supreme Court issued its opinion in Italian Colors v. American Express , in which the Court enforced a class action waiver in an arbitration agreement to compel the claimants to arbitrate their antitrust claims, the decision... Read More

California Federal Judge Denies Class Certification In Securities Lawsuit Against China Agritech
Posted on 25 May 2012 by Kevin M. LaCroix

During 2010 and 2011, a number of securities class action lawsuits were filed against U.S.-listed Chinese companies. Plaintiffs' lawyers seemed eager to pursue these cases despite likely procedural and practical challenges such as likely difficulties... Read More

Pharma Sales Reps Not Entitled To Overtime, Supreme Court Rules
Posted on 5 Jul 2012 by Kevin M. LaCroix

On June 18, 2012, in an opinion written by Justice Samuel Alito for a 5-4 majority, the U.S. Supreme Court held that pharmaceutical sales representatives are not entitled to overtime pay. The question before the Court was whether or not the sales reps... Read More

1st Circuit Affirms In Part, Reverses In Part Nomura Subprime Securities Suit Dismissal
Posted on 25 Jan 2011 by Kevin M. LaCroix

As a result of the First Circuit's January 20, 2011 opinion, the plaintiffs in the Nomura Asset Acceptance Corporation mortgage-backed securities lawsuit have managed to revive a slender portion of their case, albeit on a rather precarious basis.... Read More

Cornerstone Research Report: Securities Suits ‘Depressed’ In Year's First Half
Posted on 26 Jul 2013 by Kevin M. LaCroix

Securities class action lawsuit filings “remained at depressed levels” during the first half of 2013 according to the latest report from Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse. The report, entitled... Read More

Word Of The Year For Securities Litigation: 'Whistleblower'
Posted on 24 May 2011 by Kevin M. LaCroix

A number of different organizations generate annual publicity for themselves by designating a word (or words) of the year . We are not yet half way through 2011 but I am already prepared to propose my own candidate for this year's word of the year... Read More

Lawsuit Against JPMorgan Chase Alleges 'False And Misleading Statements' Regarding Securities Trading
Posted on 17 May 2012 by Kevin M. LaCroix

In the wake of JPMorgan Chase's startling news last week of its $2 billion trading loss, and of the equaling startling statements of Jamie DImon, the bank's CEO, that the losing trades were, among other things, "flawed, complex, poorly reviewed... Read More

2nd Circuit: Rating Agencies Can't Be Held Liable In Securities Litigation As '33 Act Underwriters
Posted on 13 May 2011 by Kevin M. LaCroix

In a May 11, 2011 opinion ( here ), a three-judge panel of the Second Circuit affirmed the dismissal of rating agency defendants in litigation filed under the Securities Act of 1933 and involving mortgage-related securities issues by Lehman Brothers and... Read More

A Dismissal And A Settlement In Failed Bank Shareholder Lawsuits
Posted on 20 May 2011 by Kevin M. LaCroix

One of the ways in which the current wave of bank failures is different from the failures during the S&L crisis is that this time around, by comparison to that prior period, a number of the bank closures have been accompanied by shareholder lawsuits... Read More

Puerto Rican Bank Settles Subprime-Related Securities Suit
Posted on 28 Jan 2011 by Kevin M. LaCroix

According to Popular, Inc.'s January 27, 2011 press release ( here ), the Puerto Rican bank holding company has reached an agreement in principle to settle the subprime related securities lawsuit pending against the company, as well as in the related... Read More

Advisen Report Says Corporate, Securities Litigation Filing Reached 'Crescendo' In First Quarter
Posted on 21 Apr 2011 by Kevin M. LaCroix

Corporate and securities litigation filing activity reached a "crescendo" in the first quarter of 2011, according to the most recent quarterly report from Advisen, the insurance information firm. The filing rate in the year's first three... Read More

Failed Bank Investors' Securities Suit Dismissed
Posted on 19 Jan 2011 by Kevin M. LaCroix

On January 14, 2011, in a ruling that could have implications for other failed bank investors' securities class action lawsuits, Northern District of Georgia Judge Charles A. Pannell, Jr . granted defendants' motions to dismiss the securities... Read More

Bankers' Professional Liability Insurance Does Not Cover Overdraft Fee Class Action Settlement
Posted on 23 Aug 2013 by Kevin M. LaCroix

A recurring question under the management liability insurance protection that banks typically acquire is the extent of the protection afforded under their policies’ professional liability provisions. One particular question that often arises is... Read More

The Economist Says Litigation Funders Posting 'Fat Returns'
Posted on 16 Apr 2013 by Kevin M. LaCroix

Third-party litigation funding's moment may already be here, as I have previously noted . But just the same, it is a little surprising to find stories about litigation funding at virtually every turn, with stories over the weekend appearing, for example... Read More

FDIC Pursues Litigation Against Failed Banks - Slowly
Posted on 18 May 2011 by Kevin M. LaCroix

The FDIC's pursuit of litigation against directors and officers of banks that have failed as part of the current round of bank failures has been moving forward, albeit at a deliberate pace. The agency's litigation efforts advanced a couple of... Read More