Home -> Law Blog Directory -> Class Action Blogs -> Class Action Defense Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Class Action
: Class Action Defense BlogBofA Class Action Defense Cases—In re Bank of America: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District Of New York
By Michael J. Hassen
Judicial Panel Grants Unopposed Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407, and Transfers Actions to Southern District of New York
Thirty (30) individual and class action lawsuits were filed against Bank of America and other defendants arising out of “alleged misrepresentations and omissions made in the context of Bank of America’s acquisition of Merrill Lynch & Co., Inc.”; 28 of the lawsuits had been filed in New York, and one each in California and Kansas. In re Bank of America Corp. Securities, Derivative & Employee Retirement Income Security Act (ERISA) Litig., ___ F.Supp.2d ___ (Jud.Pan.Mult.Lit. June 10, 2009) [Slip Opn., at 1]. Defense attorneys filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the Southern District of New York; plaintiff in the Kansas action requested that the Judicial Panel “coordinate” rather than “consolidate” the lawsuits for pretrial purposes, but otherwise did not oppose the motion. Id. Plaintiffs in a potential tag-along action, filed in Delaware, urged the Panel to transfer the lawsuits to Delaware, id. The Judicial Panel granted the motion to centralize the class action lawsuits and agreed that the Southern District of New York was the appropriate transferee court, particularly because “[m]ost of the 28 actions in this district are already pending before [a single judge], who has had an opportunity to become familiar with the contours of this litigation” and because “both Merrill Lynch and Bank of America have a significant presence in the Southern District of New York” so “[r]elevant documents and witnesses can thus be expected to be found there.” Id., at 2. As for the concerns of the Kansas plaintiff, the Judicial Panel directed her to present to the transferee judge her concerns “regarding the manner and extent of coordination or consolidation of her action with the pretrial proceedings in other actions.” Id.
Download PDF file of In re Bank of America Corp. Securities, Derivative & Employee Retirement Income Security Act (ERISA) Litigation Transfer OrderFull post as published by Class Action Defense Blog on July 24, 2009 (boomark / email).
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Mesothelioma Law Suit
Asbestos Exposure
Self Defense
It's legal to defend yourself and your family
Dumb New York Laws
Stupid Laws in the Empire State
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
New York Building Codes
Building and constructions laws in New York
Bank of America Faces Homeowner Class Action For Withholding Federal Bailout Funds
Bank of America Faces Homeowner Class Action
Bank of America Faces Class Action over Mortgage Foreclosure Practices
Bank of America Faces Class Action over Mortgage Foreclosure Practices
Bank of America Settles Merrill Lynch Class Action for $150 Million
Bank of America Settles Merrill Lynch Class Action for $150 Million
Merrill Lynch and Bank of America
CEOs Sued in Class Action
$189 Million Settlement Reached in Slab Litigation
$189 Million Settlement Reached in Slab Litigation
Breakthrough Settlement Reached In Chinese Drywall Litigation
Chinese Drywall Litigation Breakthrough Settlement Reached

Total Body Formula Update: MDL Hearing in Boston 9/25
Multidistrict Litigation Panel shops for Toyota suits location
"State Justices Appear to Lean Toward BofA in Giant Class Action"
Texas, Ohio Pension Funds Lead Investor Lawsuit Against Bank of America







