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Even though the swaps, based on Volkswagen's share price, involved U.S. participants and were signed in New York, they're precluded by the Supreme Court's ruling in Morrison v. National Australia Bank, Judge Harold Baer ruled. For securities defendants, Morrison is the gift that keeps on giving.
What began two years ago as a simple contract suit over Oracle's hiring of former HP CEO Mark Hurd has mushroomed into a fight over the future of a line of high-end servers that HP produces.
The Dodd-Frank Act calls for the SEC to conduct a study on re-instituting private securities fraud suits against foreign companies in the wake of Morrison v. NAB. Foreign governments support the post-Morrison status quo. But U.S. and international pension funds--representing at least hundreds of billions of dollars--say they need the protection of U.S. courts.
Corporate Counsel magazine's annual survey of general counsel, out this week, tells a familiar story: A nearly unchanged roster of corporations hired (mostly) the same giant firms, and they made the same demands about alternative billing and reduced fees. But this year, there's a twist--clients actually seem to mean it. Plus: Who represents the Fortune 100?
The incredibly shrinking mass tort over AstraZeneca's blockbuster antipsychotic just got smaller.
Siding with plaintiffs in a long-running public nuisance case, a San Jose judge late last week dismissed two motions for summary judgment filed by the nation's major producers of lead paint.
The march toward peace in the cardiac stent business continues, to the detriment of IP litigators. The deal between J&J and Boston Scientific, which follows a pact between Medtronic and Abbott, resolves 14 cases spanning 12 years. We've got the lineup of firms that should have a lot more time on their hands.
The Mass Tort Bonanza That Wasn't
PPA, an ingredient in cold medicine alleged to cause strokes, looked like a mass tort bonanza for plaintiffs lawyers. But it wasn't. Though there are still a few plaintiffs firms with significant PPA caseloads, many others are closing down their PPA dockets, settling the cases for what they can and dismissing the rest. Why the PPA mass tort bust? Defendant drug companies dug in, defying conventional wisdom about the dangerous corporate implications of litigation uncertainty.After the state supreme court cut 40 percent of the jury's $196 million punitive damages award because it was allocated for medical monitoring, DuPont asked for a rehearing, asserting that 70 percent of the award was dedicated to medical monitoring and should have been cut. Too late, said the court.
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