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HTMLIndirect Causation Accepted by Australian Court in Shareholder Claim
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
July 22, 2016, previously published on July 2016
The plaintiffs acquired HIH shares between 26 October 1998 and 15 March 2001. The plaintiffs contended, and the defendants admitted, that HIH had released misleading and deceptive financial results during this period.

 

HTMLContribution and Causation: The IPEX Case
Bevan Brooksbank; Borden Ladner Gervais LLP;
Legal Alert/Article
July 12, 2016, previously published on June 16, 2016
As succinctly summarized by Justice Belobaba, the case addressed the intersection of two lines of authority, namely that which permits a defendant who settles a class action to seek recovery from other non-settling parties, and the axiom that causation must be proven in order to establish liability.

 

HTMLWebsite Terms of Use Spawn Wave of Lawsuits Against Online Retailers Under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act
David Jay, Jason Kislin, Paige Nestel; Greenberg Traurig, LLP;
Legal Alert/Article
July 7, 2016, previously published on June 21, 2016
Although New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) was enacted over 30 years ago, there has been a dramatic spike in the statute’s popularity amongst plaintiff’s attorneys in recent months - leading to dozens of lawsuits, class actions, and threats...

 

HTMLFederal Court Declines to Exercise Jurisdiction Over Toshiba Despite Over-the-Counter ADS Sales in the United States
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 9, 2016
Ever since the Supreme Court issued its opinion in Morrison v. National Australia Bank, Ltd., 561 U.S. 247 (2010), courts have been making their own interpretations of what Morrison means for whether certain transactions are “domestic” and thus amenable to class-action securities...

 

HTMLCanadian Court Holds That Evidentiary Requirement For Leave To File Securities Class Action Is “Not A Low Bar”
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 14, 2016
In January of 2016, this blog commented on the Supreme Court of Canada’s decision in the seminal case of Canadian Imperial Bank of Commerce v. Green. There, the Court held that a prospective plaintiff must move for leave to commence a class action for secondary market misrepresentation...

 

HTMLSupreme Court Decision in Spokeo Breathes Life Into Standing Defenses
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on May 16, 2016
Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings

 

HTMLSupreme Court’s Spokeo Decision Strengthens Standing Defense for Employers in FCRA and Other Statutory Class Actions
Kevin M. McGinty, George Morgan Patterson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on June 3, 2016
In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal statutes absent a sufficient allegation of the existence of a concrete...

 

HTMLIt’s A Wrap! Sony Pictures Data Breach Case Settles Without a Hollywood Ending For the Plaintiff Class
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 11, 2016
Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the studio’s stars, executives and employees. Their most intimate secrets,...

 

HTMLUpdate: Vivendi Wins Summary Judgment Against Another Class Member As Litigation Winds Down
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 3, 2016
We speculated in September that a decision to grant summary judgment against a class member in the long-running In re Vivendi Universal, S.A. Securities Litigation, 02 Civ. 5571 (SAS) (S.D.N.Y.) “could have implications for class members, but more likely for opt-outs.” Now Judge Shira...

 

HTMLSupreme Court Rejects Lawsuits by Plaintiffs Who Cannot Show "Real" Injury
Darren K. Cottriel, Meir Feder, Daniel J. (Dan) McLoon, Brian J. Murray, John A. Vogt; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 16, 2016, the U.S. Supreme Court decided Spokeo Inc. v. Robins, No. 13-1339, a closely watched case addressing whether federal lawsuits can be filed by plaintiffs who have suffered no concrete injury aside from the violation of a federal statute. The case is of particular interest to...

 


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