David Marcus writing for The Deal , adds to the
growing commentary suggesting that plaintiffs' lawyers who file class actions,
especially those challenging mergers, will be inclined to increasingly avoid
Delaware Courts if the Court continues to impose more stringent prerequisites
by Joshua Druckerman
Anyone who has shopped for concert tickets online knows
the feeling. The convenience fees, order processing fees, and shipping fees
added to the ticket price make going to concerts an expensive proposition these
days, especially as more traditional box office services fall...
Kevin Brady of Eckert
Seamans discusses In Re Celera Corporation Shareholder Litigation , C.A., No. 6304-VCP (Del. Ch. March 23,
2012), recently decided by
the Delaware Court of Chancery . In this case, the putative lead
plaintiff in a class action, New Orleans Employees' Retirement System
In its much anticipated en banc
opinion in Sullivan v. DB Investments, Inc. , the Third Circuit affirmed
the District Court's certification of two settlement classes of diamond
purchasers over objections that the settlement failed to satisfy the
requirements of Rule 23. Sullivan v. DB...
WASHINGTON, D.C. - (Mealey's) A class representative's
stipulation that damages being sought were less than $5 million does not defeat
federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous
U.S. Supreme Court ruled March 19 ( The Standard Fire Insurance Company v.
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court
today ruled 5-4 that a district court may not certify a class action under
Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class
has introduced admissible evidence, including expert testimony, to show that
the case is...
On March 27, 2013, the U.S. Supreme Court continued its
recent trend of imposing more stringent standards for class certification in Comcast
Corporation v. Behrend , 569 U.S. ___ (2013) [lexis.com
subscribers may access the opinion] . At issue was whether the proponents...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 3 granted a petition for writ of certiorari in the appeal of a
Seventh Circuit U.S. Court of Appeals decision to overturn denial of class
certification in a suit over mold growth in certain front-loading automatic
washers and remanded...
by Robert N. Rapp and Matthew J. Kucharson
In a 5-4 decision rendered on
March 27, 2013, in Comcast Corp. v. Behrend , 2013 U.S. LEXIS 2544 [ an enhanced version of this opinion is available to lexis.com
subscribers ], the United States Supreme Court restricted the ability
You'll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn't connected by any chance with the letters of transit. It seems as long as I have those letters, I'll never be lonely ." That's sort...
by Tim J. St. George and David N. Anthony
In a June 2 decision , Judge Richard Posner, writing for a unanimous panel of the United States Court of Appeals for the Seventh Circuit, criticized a number of statements and other aspects within a notice of class action settlement that had been approved...
On April 27, 2015, in a development that could have significant implications for a wide variety of class action lawsuits, the United States Supreme Court granted the petition of for a writ of certiorari of online search firm Spokeo. The cert grant sets the stage for the Court to consider whether Congress...
Two rejections by the Delaware Court of Chancery last week, on the same day, of two separate proposed settlements of two unrelated class actions challenging a merger, were reported by The Chancery Daily , Professor Bainbridge and Alison Frankel of Thomson Reuters . The two cases are Acevedo v. Aeroflex...
One of the great curses of the corporate litigation environment in recent years has been the proliferation of merger objection suits, the incidence of which has gotten to the point that now just about every large merger deal draws at least one lawsuit , and sometimes several. However, if recent developments...
Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation?
The federal rule vs. the state rule
There is a difference between the federal rule governing class actions ( FRCP 23 ) and the North Carolina equivalent ( NCRCP 23 ). The...
Last month, North Carolina Business Court. Judge Gale issued three rulings in class action cases.
Two of the rulings were in consolidated class actions that had been settled. Those were in In re Pike S'holders Litig. , 2015 NCBC 89 [subscribers can access an enhanced version of this opinion: lexis...