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Searching Content indexed under Class Actions by Shearman & Sterling LLP ordered by Published Date Descending.
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1
Fifth Circuit Affirms Dismissal Of Putative Securities Class Action Against Home Furnishings Retailer For Failure To Adequately Allege Scienter
On August 19, 2019, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal by a Northern District of Texas court of a putative securities class action asserting a Section 10
United States
28 Aug 2019
2
Northern District Of California Dismisses Putative Securities Class Action For The Second Time Against Generic Drug Maker For Inadequate Pleading, This Time Without Leave To Amend
On August 12, 2019, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California dismissed without leave to amend a putative securities class action against a pharmaceutical company...
United States
21 Aug 2019
3
District Of New Jersey Allows Class Action Based On Alleged Price-Fixing To Proceed Against Pharmaceutical Company
The Court also held that plaintiffs adequately alleged scienter. The Court credited allegations that the company had received a subpoena in a federal investigation of price-fixing and had been named in suits filed by state attorneys general.
United States
14 Aug 2019
4
New York State Court Holds PSLRA Bars Discovery In State Securities Act Cases Pending A Motion To Dismiss
Justice Borrok rejected arguments from plaintiffs that the PSLRA's invocation of the Federal Rules of Civil Procedure in connection with discovery obligations implied that the PSLRA only governed in actions brought in federal court.
United States
14 Aug 2019
5
Eastern District Of New York Dismisses Putative Class Action Against Pharmaceutical Company For Failure To Adequately Allege Misstatements And Scienter
Plaintiff alleged that defendants made misrepresentations in connection with disclosures concerning the company's compliance with internal controls, earnings forecasts, and regarding the valuation of goodwill and intangible assets.
United States
14 Aug 2019
6
Southern District Of New York Grants Reconsideration And Dismisses Exchange Act Claims Against Underwriter Of Regulation A+ Offering, Finding Plaintiffs Failed To Adequately Allege Scienter
On July 29, 2019, Judge Denise Cote of the United States District Court for the Southern District of New York granted reconsideration of her prior decision and dismissed securities fraud claims
United States
8 Aug 2019
7
Fifth Circuit Affirms Dismissal Of Class Action Against Pipeline Operator For Failure To Adequately Allege Misstatements Or Scienter
On July 16, 2019, the United States Court of Appeals for the Fifth Circuit affirmed a decision by the United States District Court for the Northern District of Texas that dismissed a putative class
United States
29 Jul 2019
8
Southern District Of New York Denies Motion For Judgment On The Pleadings, Rejecting Argument That Code Of Conduct Statements Were Inactionable Puffery
On June 11, 2019, Judge Colleen McMahon of the United States District Court for the Southern District of New York denied defendants' motion for judgment on the pleadings in a putative securities class action...
United States
9 Jul 2019
9
Northern District Of California Dismisses Putative Class Action Against Cybersecurity Company Based On Failure To Adequately Allege Misrepresentations And Scienter
On June 14, 2019, Judge William Alsup of the United States District Court for the Northern District of California dismissed a putative class action against a cybersecurity company (the "Company")
United States
8 Jul 2019
10
Southern District Of New York Dismisses Putative Class Action Against Brazilian Mining Company For Failure To Allege A Domestic U.S. Securities Transaction
On June 18, 2019, Judge Richard Berman of the United States District Court for the Southern District of New York dismissed a putative securities class action brought by a Cayman Islands
United States
8 Jul 2019
11
Eastern District Of New York Dismisses Putative Class Action Regarding Mutual Fund Disclosures For Failure To Adequately Allege Misstatements And Omissions
On June 25, 2019, Judge Arthur Spatt of the United States District Court for the Eastern District of New York dismissed with prejudice a putative securities class action brought by investors in a mutual fund asserting...
United States
4 Jul 2019
12
Supreme Court Holds That Third-Party Counterclaim Defendants May Not Remove An Action Based On The General Removal Statute Or CAFA
On May 28, 2019, the Supreme Court held in a 5-4 decision authored by Justice Thomas that a third-party counterclaim defendant was not permitted to remove class action claims
United States
18 Jun 2019
13
Fifth Circuit Affirms Dismissal Of Putative Class Action, Holding That Grant Of Employee Stock Option Did Not Constitute A Sale, And That Plaintiffs Failed To Adequately Plead A Duty To Disclose
On May 24, 2019, the United States Court of Appeals for the Fifth Circuit affirmed in a unanimous decision the dismissal of a putative securities class action against a major financial services
United States
18 Jun 2019
14
Northern District Of Illinois Dismisses State Law Claims As Barred By Slusa
On May 13, 2019, Judge Charles P. Kocoras of the United States District Court for the Northern District of Illinois dismissed with prejudice a putative class action against TD Ameritrade
United States
17 Jun 2019
15
District Of Massachusetts Dismisses Putative Class Action For Lack Of Standing
On May 16, 2019, Judge F. Dennis Saylor IV of the United States District Court for the District of Massachusetts dismissed a putative class action against the medical device company ReWalk Robotics and certain of its officers
United States
13 Jun 2019
16
Why ‘Event Driven' Litigation Shouldn't Signal Securities Fraud
Global Managing Partner Adam Hakki and partner Agnès Dunogué (both Litigation-New York) co-authored an article in Law360 ...
United States
29 May 2019
17
District Court Dismisses Putative Class Action, Holding That Company's Optimistic Guidance Fell Within PSLRA Safe Harbor Provision
On March 15, 2019, Judge Edward M. Chen of the United States District for the Northern District of California dismissed a putative class action asserting violations of Sections 10(b) and 20(a)
United States
5 Apr 2019
18
Southern District Of Texas Dismisses Putative Class Action Against Oil And Gas Exploration Company For Failure To Adequately Allege Scienter
On March 13, 2019, Judge Lee H. Rosenthal of the United States District Court for the Southern District of Texas granted a motion to dismiss claims under Section 10(b) of the Securities Exchange Act
United States
28 Mar 2019
19
Second Circuit Affirms Dismissal Of Putative Securities Class Action, Holding That The Occurrence Of Regulatory Problems Do Not Render Materially Misleading Generic Positive Statements Regarding A Corporation's Compliance Efforts
On March 5, 2019, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative securities class action against Cigna and several of its officers.
United States
20 Mar 2019
20
Eighth Circuit Reverses Dismissal Of Securities Class Action Resulting From Merger, Finding Question Of Materiality Of Alleged Misstatements And Omissions In Proxy Statement Could Not Be Resolved As A Matter Of Law
On March 1, 2019, the United States Court of Appeals for the Eighth Circuit reversed the dismissal of a class action arising from the merger of a biotechnical company ("Biotech Company") ...
United States
20 Mar 2019
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