LexisNexis® Legal Newsroom
Fulbright's Litigation Trends Survey: Companies Expect More Litigation, Regulation

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...

Unmitigated Chutzpah: The CSPI's Merchantability Claim Against Safeway

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 of merchantability...

Special Counsel Addresses Delaware Law on "Forum Shopping" and Collusive Settlements in Class Actions

Scully v. Nighthawk Radiology Holdings, Inc., C.A. 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...

Chancery Defers Request for Interim Fees in Class Action

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. Issue Addressed Where post-complaint, supplemental disclosures...

Third Circuit Affirms District Court’s Dismissal of Securities Fraud Class Action Suit for Failure to Plead Scienter

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...

Delaware Court of Chancery Denies Request for Interim Fee Application in Class Action

In Re Novell, Inc. Shareholder Litigation , Cons. C. A. No. 6032-VCN (Del. Ch. Aug. 30, 2011). Read letter ruling here . Issue Addressed: Whether interim application for fees in class action should be deferred as premature. Short Answer: Yes. Short Overview This letter decision reiterated...

Delaware Court of Chancery Certifies Class Action Alleging Self-Interested Conversion from LP to LLC

Garrett v. Zon Capital Partners, L.P. , C. A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here . Issue Addressed: 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...

District Court in Potato Antitrust Class Action Takes Unusual Step and Issues An Advisory Opinion

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...

Tailors And Class Actions

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...