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Abbey Spanier: Chipping Away at AT&T v. Concepcion

By Joshua Druckerman In Feeney v. Dell , we spotted a ray of hope piercing the clouds of the Supreme Court's holding in AT&T Mobility LLC v. Concepcion . In Concepcion , the Supreme Court struck a significant blow against the rights of consumers by allowing a corporation to waive class...

Supreme Court Decision To Recognize 'Ministerial Exemption' In Employment Discrimination Cases 'Resounding Victory' For Religious Organizations

By Darrell VanDeusen In a decision that many are calling a resounding victory for religious organizations, the Supreme Court has unanimously decided that the First Amendment's establishment and free exercise clauses create a "ministerial exception" that bars an ADA lawsuit (and by extension...

Abbey Spanier: Court Finds That Dukes Does Not Bar Consumer Class Action

As we have discussed several times in this blog, since the Supreme Court's decision last June in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) [ enhanced version available to lexis.com subscribers ], defendants in lawsuits throughout the country have asked the courts to de-certify previously...

The Week in Securities Litigation: 2 Securities Bills Passed, Supreme Court Rules On Exchange Act

In rare acts of bipartisanship, the House and Senate passed two securities bills this week. One is the JOBS act which has little to do with creating jobs and lots to do with simplifying the regulatory requirements for certain companies post-IPO while creating a new "crowdfunding" exception...

Fulbright Briefing: Supreme Court Limits Liability Under The Torture Victim Protection Act To Natural Persons

The Supreme Court recently determined that the Torture Victim Protection Act of 1991 ("TVPA") extends liability only to natural persons, not corporations or other organizations. On April 18, 2012, the Supreme Court decided Mohamad v. Palestinian Authority et al ., holding that the language...

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted

BOSTON - (Mealey's) A panel of the First Circuit U.S. Court of Appeals on May 2 affirmed a $21 million generic drug injury verdict, finding that a 2011 Supreme Court ruling about generic drug injury claims does not preempt design defect claims ( Karen L. Bartlett v. Mutual Pharmaceutical Company...

Littler Mendelson on Employment Law Class Actions, Second Edition, Just Released

Written by the attorneys of Littler's Class Action Practice Group, Employment Law Class Actions provides a comprehensive review of the strategic, procedural and legal issues that arise in such matters. The Second Edition includes an extensive expansion and reorganization of the publication and features...

Class Action Waiver, Arbitration Agreements, And The American Express Litigation

By Sheppard Mullin Richter & Hampton LLP Excerpt: On February 1, 2012, the Second Circuit Court of Appeals decided In re American Express Merchants' Litigation , No. 06-1871-cv, (2d Cir. Feb. 1, 2012) (" AMEX III ") [ an enhanced version of this opinion is available to lexis.com...

Peter S. Vogel: No Surprise - U.S. Supreme Court Relies on Google

By Peter S. Vogel A law professor concluded that Justices on the Supreme Court regularly use Google since apparently Opinions issued by the Supreme Court cite facts never offered by the lawyers' briefs. Professor Allison Orr Larsen (William & Mary Law School) studied 15 years of Supreme Court...

ABA Provides Ethical Guidance on ESI; Pennsylvania, Florida Update Procedural Rules

In case you were thinking of playing fast and loose with digital client information, new rules require you to think again. The American Bar Association (ABA) recently amended the Model Rules of Professional Conduct to guide lawyers on use of technology and confidentiality. Much of it comes down to one...

The Week In Securities Litigation: SEC Files Several Significant Actions, 2 Against Goldman Sachs

As the end of the government fiscal year approaches, the Commission filed several significant actions. Two involved Goldman Sachs and a former employee in a pay-to-play scheme centered on political contributions and business in the municipal markets. A significant market crisis case was brought against...

Ballard Spahr LLP: Supreme Court To Decide Class Action Fairness Act Case - Can Plaintiff Limit Class Damages To Avoid Removal?

By the Consumer Financial Services Group On August 31, 2012, the U.S. Supreme Court granted a petition for certiorari in Standard Fire Insurance Co. v. Knowles (11-1450). The question presented by the petition is whether a named plaintiff in a state court class action can avoid removal to federal...

This Term, U.S. Supreme Court Agrees To Hear 2 Significant Securities Cases

The first Monday in October is the opening day of the new Supreme Court term. In recent years the Court has heard a number of securities cases, considering issues regarding class certification in Erica P. John Fund v. Halliburton, 131 S. Ct. 2179 (2011), materiality in Matrixx Initiatives Inc. v. Siracusano...

Managing the Risks Posed To Mutual Fund Industry Participants By Increasing Litigation And Regulatory Enforcement Activity

Over the last 10 years, the far-reaching examination of the trading practices of the mutual fund industry, numerous enforcement actions by the SEC against prominent broker-dealers and fund complexes, and scores of civil lawsuits resulted in very significant costs to the mutual fund industry. Additionally...

The Week In Securities Litigation: Hurricane Sandy Doesn't Stop SEC From Filing Actions

In a week when the financial markets were shut for two days by hurricane Sandy, the Commission filed actions focused on insider trading, financial fraud, false advertising, and, in addition, a stop order proceeding. One insider trading case stems from the seemingly never ending Galleon investigation...

High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. — (Mealey's) The Supreme Court on Dec. 7 granted the Federal Trade Commission’s petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug...

The Week In Securities Litigation: SEC Brings 2 New Market Crisis Cases

The Supreme Court heard argument this week on a case which may have a significant impact on the SEC's enforcement program. It focuses on when the five year statute of limitations begins regarding the imposition of a penalty. The Commission also brought two new market crisis cases, one against three...

The Week In Securities Litigation: A New Direction For Securities Enforcement Actions?

Changes at the top of the SEC and the DOJ's criminal division may signal a new direction for securities enforcement actions. Former U.S. Attorney Mary Jo White was nominated by the President to be SEC Chairman. At the same time Lanny Breuer, Assistant Attorney General in charge of DOJ's Criminal...

The Week In Securities Litigation: Supreme Court Hands Down 2 Significant Decisions

The Supreme Court handed down two significant securities law decisions this week. In the first the High Court, in unanimous opinion, rejected the contention of the SEC that the five year statute of limitations for seeking a penalty can be extended by invoking a discovery rule. In the second, the Court...

Abbey Spanier LLP: Maryland Court Of Appeals Denies Attempt To Pick-Off Plaintiff In Class Action

By Orin Kurtz In Frazier v. Castle Ford, Ltd. , 2013 WL 265072 (January 24, 2013) [ enhanced version available to lexis.com subscribers ], the Maryland Court of Appeals put the brakes on a tactic that has gained favor among defendants in class actions-and that has caught the attention of the Supreme...

Fulbright & Jaworski L.L.P.: Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs

On March 27, 2013, the U.S. Supreme Court issued its long-awaited opinion in Comcast Corp. v. Behrend (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) , addressing the quality of proof needed to satisfy Federal Rule of Civil Procedure 23's rigorous requirements...

The Week In Securities Litigation: Securities Enforcement Focus Continues To Be SAC Capital

The focus this week in securities enforcement continues to be SAC Capital. The firm's owner received a grand jury subpoena in the on-going criminal and civil insider trading investigations being conducted by the Manhattan U.S. Attorney's Office and the SEC. The investigations face a critical...

William A. Ruskin: After Comcast v. Behrend: What's Next?

By William A. Ruskin How have courts interpreted, utilized and/or limited the U.S. Supreme Court's ruling last term in Comcast v. Behrend? In a webinar presented by the International Association of Defense Counsel on Wednesday, December 11, 2013 at 1:00 EST, the panel will examine Comcast and...

Abbey Spanier LLP: JPMorgan Loses Bid to Prohibit Class Arbitrations

A California federal judge denied JPMorgan’s motion to compel arbitration on an individual basis. Two former JPMorgan employees filed a class action complaint alleging violations of state and federal labor laws on behalf of JPMorgan appraisers. As part of their employment, plaintiffs entered into...

William A. Ruskin: Comcast May Be A Class Action Game-Changer, But Not In Boston

By William A. Ruskin | In Comcast Corp. v Behrend , 133 S.Ct. 1426 (March 27, 2013) [ enhanced opinion available to lexis.com subscribers ], the Supreme Court held that the lower court erred in failing to consider flaws in plaintiffs' damages model merely because the damages model would be pertinent...