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
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
The Swiss company Swatch makes stylish watches but takes itself Way Too Seriously.
A couple of weeks ago, Swatch lost an appeal over whether the maker of low-end, cutie-pie Swap watches infringed the high-end, hoity-toity Swatch trademark. "Swiss Swatch Swings at Swap, Whiffs".
This week, Swatch lost an appeal having to do with an
Blawgletter has the Vague Notion that bankruptcy law dislikes some kinds of contract clauses. Take your ipso factos, which trigger some change in the contract's status simply because a party filed for bankruptcy relief. Don't laws that aim to treat creditors fairly tend to frown on such efforts to get a Leg Up as
Anyway the retroactive modification of a plan can't be used to diminish damages to which participants have been held entitled, even if the modification is lawful. In effect the defendant is arguing that okay, we screwed our participants unlawfully, but we could have screwed them lawfully, and that’s what we’ve now done by amending the
When a Russian hands you a shot glass and as you drink down the clear liquid shouts ze vashe zdrovye!, he means to your health!
The vodka won't in fact extend your life, but it could make you giddy for awhile.
Russians may need a drink after last week's thrashing in the Second Circuit. Two entities from the
The hey-day for exotic bets on credit risk spanned most of the first decade of the 21st century. The popping of the housing bubble in 2008 did it in. People lost homes that they bought with debt they couldn't repay; and plenty of investors watched in horror as the value of the junk they'd bought — collateralized debt
Juror No. 2 claimed that Juror No. 1 had threatened her with a "fork" and later vowed to "cut" her.
Juror No. 2 told the judge that "I feel I'm not safe" as a result of taunts by the eight other members of the jury.
Counsel for Exxon agreed to excuse Juror No. 2 but also moved to
Public unions claimed that the Governor of Connecticut ran roughshod over their members' first amendment right to . . . join a union. They alleged that the Constitution State's chief executive used budget cuts and state-wide layoffs in 2003 as cover for firing 2,800 workers solely because they belonged to unions that refused to accept