The Supreme Court granted review on March 10 in a case that involves "American Pipe tolling" of limitations.
If that sounds unfamiliar, Blawgletter explained the underlying Second Circuit decision last year as follows:
If you have a claim under the Securities Act of 1933, you need to act promptly — within one year after you
Oops.
A panel of the Fifth Circuit held by a 2-1 vote that British Petroleum must pay some business loss claims even if the claimants cannot prove that the blowout at the Deepwater Horizon rig in 2010 actually caused the loss.
The majority ruled that the energy giant agreed to pay claims for losses that
Many lower courts have given the Securities Litigation Uniform Standards Act of 1998 a wide preemptive scope. In those courts, a black-hole-like SLUSA devours all cases that come within a light year of its omnivorous gullet. If a lawsuit said pretty much anything about buying or selling an interest in a company — BAM! Into
You need to make it sound more like ditch-diggin'.
Anthony Bolognese, relating advice to an economist on his performance as a testifying expert.
You know that Jeffrey Abraham convinced the Second Circuit last month to revive an insider trading case against Xcelera big wigs. But did you know the case has Greater Import than Blawgletter told you about?
It does. As Jeff tells us:
The more important parts of the holding, in my opinion, are that in a claim
Say you own shares of stock in Podunk Corp. Perhaps you won them in a poker game. You can't sell them on a stock exchange; no one has done what federal securities law requires in order to "register" the stock.
You know almost nothing about what Podunk has done in the last five years. You
A hedge fund that bought pieces of loans to a Texas corporation sued the borrower's directors. The hedge fund alleged breach of fiduciary duty. But it didn't claim that the firm had ceased operations.
The hedge fund argued in response to the directors' motion to dismiss that the absence of such a charge didn't matter.
A 9-0 Supreme Court today ordered a federal district court to remand a case seeking restitution for all Missippians who overpaid for liquid crystal displays (LCDs) back to state court.
The lawsuit, by the Attorney General of Mississippi, accused LCD makers of conspiring to fix prices, in violation of Mississippi antitrust and consumer protection statutes.
The manufacturers removed
In 2001, the two biggest sources of the milk that you buy at Stop-n-Shop, Whole Foods, Von's, and the like agree to merge.
A sluggish Antitrust Division of the U.S. Department of Justice okays the deal but tacks on a proviso that the dairy dukes — Dean Foods and Suiza — must divest a few
May a lawyer compel a client to arbitrate a dispute over the lawyer's services?
In upper right-hand corner of the United States, yes. Bezio v. Draeger, No. 13-1910 (1st Cir. Dec. 16, 2013) (applying Maine law).
In the upper left-hand corner, no. Smith v. JEM Group, Inc., No. 11-35964 (9th Cir. Dec. 12