NEW YORK - (Business Wire) Following a year of doing business in a more litigious and cost-conscious environment, companies of all sizes expect those patterns to continue during the coming year, with roughly one-quarter saying legal disputes will increase again, according to Fulbright's 7th Annual...
Ken Odza posted
about some general issues related to the Center
for Science in the Public Interes t's claims against Safeway related to the
decision not to use its Club
Card data to publicize recalls. Hidden among the claims, however, is a
claim for breach of the warranty
Scully v. Nighthawk Radiology Holdings, Inc.,
No. 5890-VCL (Mar. 11, 2011)(Report of Special Counsel). This Report
concluded that there was neither forum shopping nor collusive behavior in the
settlement of a class action related to the $170 million merger of Nighthawk
Radiology and Virtual...
In Frank v. Elgamal , C.A. No. 6120-VCN (Del. Ch.
July 28, 2011), read letter ruling here ,
the Delaware Court of Chancery deferred making a decision on an application for
interim fees in a class action challenging an acquisition.
Where post-complaint, supplemental disclosures...
The U.S. Third Circuit Court of Appeals in City of Roseville Employees' Retirement System v. Horizon Lines, Inc., et al. , Case No. 10-2788, on August 24, 2011, in a 2-to-1 decision, read opinion here [ an enhanced version of this opinion is available to lexis.com subscribers ], affirmed the District...
In Re Novell, Inc. Shareholder Litigation ,
Cons. C. A. No. 6032-VCN (Del. Ch. Aug. 30, 2011). Read letter ruling here .
Whether interim application for fees in class action should be deferred as
premature. Short Answer: Yes.
This letter decision reiterated...
Garrett v. Zon Capital Partners, L.P. , C.
A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here .
Whether a motion for class certification should be
granted pursuant to Court of Chancery Rule 23 in connection with a complaint
that alleges a self-interested transaction...
by Natalie S. Marcus
On December 2, 2011, a federal judge took the
extraordinary step of issuing an advisory opinion about an area of law that has
little precedent. In In re: Fresh and Process Potatoes Antitrust Litigation ,
No. 10-2186 (D. Idaho), plaintiffs alleged that defendants created cooperatives...
If you think that tailors have nothing to do with class actions, you are wrong. Judge Jolly denied a motion for class certification last week because the proposed class was not "tailored" as was "practicable under the circumstances." Op. ¶37 & n.34 The case is Lee v. Coastal...