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Searching Content indexed under Litigation, Mediation & Arbitration by Ralph C. Ferrara ordered by Published Date Descending.
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Supreme Court Rules That State Courts Can Adjudicate Class Actions Under The Securities Act Of 1933
The Supreme Court ruled today that the 1998 amendments to the federal securities laws did not strip state courts of jurisdiction over class actions alleging violations ...
United States
21 Mar 2018
2
Delaware Supreme Court Confirms Preclusive Effect Of Dismissal Of Derivative Actions Based On Lack Of Demand Futility
The Delaware Supreme Court held yesterday that the dismissal of a shareholder derivative action for lack of demand futility can preclude other derivative actions as long as the plaintiff in the dismissed case adequately represented the corporation's interests.
United States
29 Jan 2018
3
Second Circuit Requires Increased Scrutiny Of Securities Class Actions Involving Off-Exchange Transactions
The Second Circuit held that the District Court had not sufficiently considered the individualized nature of that proof in ruling that the class satisfied the predominance requirement.
United States
11 Jul 2017
4
Supreme Court Holds That Securities-Law Statutes Of Repose Are Not Subject To Class-Action Tolling
The U.S. Supreme Court ruled today that the pendency of a securities class action does not allow individual class members to opt out of the class and file separate actions under the Securities Act of 1933...
United States
30 Jun 2017
5
Supreme Court Clarifies Jurisdiction Under Securities Exchange Act
The Court reviewed its jurisprudence under the federal-question statute and reiterated that a case can "arise under" federal law in two ways.
United States
17 May 2016
6
Delaware Court Of Chancery Rejects Another Disclosure-Only M&A Settlement And Warns Of "Increasingly Vigilant" Scrutiny
The Delaware Court of Chancery dealt another blow to disclosure-only settlements of merger litigation and refused to approve a proposed class-action settlement arising from Zillow, Inc.'s acquisition of Trulia, Inc.
United States
26 Jan 2016
7
Supreme Court To Review Insider-Trading Decision On Personal Benefit
The Supreme Court agreed today to review the Court of Appeals for the Ninth Circuit's decision concerning the "personal benefit" required to establish a claim for insider trading.
United States
20 Jan 2016
8
D.C. Circuit Joins Seventh Circuit In Rejecting Court Challenges To Pending SEC Administrative Enforcement Proceedings
The U.S. Court of Appeals for the District of Columbia Circuit held today that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings.
United States
30 Sep 2015
9
Seventh Circuit Rejects Court Challenge To Pending SEC Administrative Enforcement Proceeding
The U.S. Court of Appeals for the Seventh Circuit held yesterday that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings...
United States
26 Aug 2015
10
Ninth Circuit Disagrees With Second Circuit On Personal-Benefit Requirement For Insider Trading
The U.S. Court of Appeals for the Ninth Circuit appears to have rebuffed aspects of the Second Circuit's recent effort to narrow liability for insider trading.
United States
7 Jul 2015
11
Supreme Court Clarifies Liability For Statements Of Opinion In Registration Statements
The Supreme Court's decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund could lead to additional litigation about whether statements of opinion are actionable...
United States
25 Mar 2015
12
Second Circuit Clarifies Elements Of Tippee Liability For Insider Trading
The U.S. Court of Appeals for the Second Circuit recently clarified the elements required to hold a tippee liable for insider trading.
United States
13 Dec 2014
13
So Much For Bright-Line Tests On Extraterritorial Reach Of U.S. Securities Laws?
In its landmark 2010 decision in Morrison v. National Australia Bank, the Supreme Court articulated what seemed to be a bright-line test for determining the extent to which the U.S. securities laws apply to transactions with international elements.
United States
19 Aug 2014
14
Presumption Of Reliance Survives In Securities Cases, But Defendants Can Dispute Price Impact At Class Certification
The Supreme Court declined to abandon the efficient-market theory, with its rebuttable presumption of reliance.
United States
3 Jul 2014
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