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Bridgestone Settles - Bridgestone Corp. (PINKSHEETS: BRDCF), a Japanese tire manufacturer, has reached a settlement in the securities class action pending against it in the M.D. of Tennessee. The case, originally filed in January 2001, stems from allegations that Bridgestone disseminated false and ...
Feed Source: www.the10b-5daily.com

The Battle of the Acronyms - As a general matter, claims under the Securities Act of 1933 ("'33 Act") may be brought in federal or state court. Some federal courts, however, have held that the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") creates a removal ...
Feed Source: www.the10b-5daily.com

Is That All There Is? - One of the most convoluted securities class actions ever may finally have come to an end (barring a successful appeal). The court has declined to certify the class in the case pending against Halliburton in the N.D. of Texas since ...
Feed Source: www.the10b-5daily.com

Posting On The Internet - Does the fraud-on-the-market presumption, pursuant to which reliance by investors on a material misrepresentation is presumed if the company's shares were traded on an efficient market, apply in suits alleging misrepresentations by analysts (and other non-issuers)? The U.S. Court of ...
Feed Source: www.the10b-5daily.com

We're Better Than Those Guys - The recent string of appellate decisions involving securities class actions includes Ley v. Visteon Corp., 2008 WL 3905469 (6th Cir. Aug. 26, 2008), which contains a couple of interesting holdings. Comparisons to Competition - The plaintiffs alleged that Visteon failed ...
Feed Source: www.the10b-5daily.com

Limiting Damages and Suing The Government - (1) The National Law Journal (Sept. 22 edition) has an interesting column on the issue of securities class action damages. Professor Adam Pritchard (U. Mich.) argues that the fundamental flaw in the system is the failure to measure damages by ...
Feed Source: www.the10b-5daily.com

Core Operations - There is a recent appellate trend of finding "must have known" allegations sufficient to establish a strong inference of scienter in situations where the underlying events are deemed to be highly important to the corporation (e.g., Dynex Capital (2nd Cir.), ...
Feed Source: www.the10b-5daily.com

Unifying Intent - Can the sheer number of accounting errors negate an inference of fraud? In In re Ceridian Corp. Sec. Litig., 2008 WL 4163782 (8th Cir. Sept. 11, 2008), the U.S. Court of Appeals for the Eighth Circuit had an opportunity to ...
Feed Source: www.the10b-5daily.com

The Emperor's New Clothes - The U.S. Court of Appeals for the Third Circuit has issued a notable decision on the application of the statute of limitations in securities cases. In In re Merck & Co., Inc. Sec., Derivative & ERISA Lit., Nos. 07-2431, 07-2432 ...
Feed Source: www.the10b-5daily.com

Around The Web - A few items of interest from around the web: (1) Bruce Carton, a longtime securities law blogger, has launched Securities Docket a "global securities litigation and enforcement report." The site provides one-stop shopping for the latest news, blog posts, filings, ...
Feed Source: www.the10b-5daily.com

Stoneridge And Non-Speakers - Following the Stoneridge decision on scheme liability, the lower courts continue to explore what conduct is sufficient to induce reliance by investors. In In re Bristol Myers Squib Co. Sec. Litig., 2008 WL 3884384 (S.D.N.Y. Aug. 20, 2008), a corporate ...
Feed Source: www.the10b-5daily.com

Negotiated Fees - Does the PSLRA require courts to find the attorneys' fees agreed upon by the lead plaintiff presumptively reasonable? In In re Nortel Networks Corp. Sec. Litig., 2008 WL 3840916 (2d Cir. Aug. 19, 2008), the lead counsel made this argument ...
Feed Source: www.the10b-5daily.com

Around The Web - A couple of columns on securities litigation topics: (1) The New York Law Journal (Aug. 25 edition) has a column on the Eleventh Circuit's recent decision regarding proportionate liability and control person claims. Quote of note: "The LaPerriere decision provides ...
Feed Source: www.the10b-5daily.com

Who's Who - When and how plaintiffs must disclose the identities of their confidential witnesses as part of the discovery process continues to be fought over in the courts. In In re Marsh & McLennan Companies, Inc. Sec. Litig., 2008 WL 2941215 (S.D.N.Y ....
Feed Source: www.the10b-5daily.com

Pleading By Euphemism - Two recent decisions from the U.S. Court of Appeals for the Ninth Circuit demonstrate that a fair amount of judicial discretion goes into determining whether the inference of loss causation created by a complaint's factual allegations is either "unreasonable" or ...
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High Court Rejects Arbitration Agreements That Expand Judicial Review - Parties can't go beyond the grounds explicitly enumerated in the Federal Arbitration Act to vacate, modify, or correct an arbitration award....
Feed Source: www.abanet.org

Cost Control Shifts More Legal Work In-House - Almost half of the chief legal officers surveyed say they plan to hire more in-house lawyers....
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Supreme Court Curbs Punitive Damages Again - As a matter of federal maritime common law, courts must now apply a 1:1 ratio between punitive and compensatory damages....
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TeleConference: State Court Remedies for Consumers – Here Today, Gone Tomorrow? - This teleconference on September 9, 2008 will explain the background of the cases, their importance to litigators in pharmaceutical and tobacco cases, and their broader potential impact on the availability of state common-law remedies against manufacturers of products subject to federal regulation....
Feed Source: www.abanet.org

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