Appellate Law

S.D.N.Y. Raises Interesting Question Re Scope of Tellabs
Per S.E.C. v. Collins & Aikman Corp., Slip Copy, 2007 WL 4480025 (S.D.N.Y. Dec...

Contrary To Common Sense
One of the concerns raised by Congress, as part of the PSLRA, was that the application of traditional joint and several liability in securities cases may be unfair, given the enormous potential damages...

Scienter and the 8th Circuit: In re Ceridian Corp. Sec. Litig.
This post examines how the 8th Circuit applied the heightened pleading standard under the Private Securities Litigation Reform Act (?PSLRA?) in the case of In re Ceridian Corp...

PSLRA Class Action Defense Cases–Grillo v. Tempur-Pedic: Kentucky Federal Court Dismisses Securities Class Action Complaint With Prejudice Finding Class Action Allegations Failed To Plead Scienter With Specificity Required Under PSLRA
Class Action Alleging Securities Violations Failed to Plead “Strong Inference of Scienter” as Required by the Private Securities Litigation Reform Act (PSLRA) Warranting Dismissal of Class Action With Prejudice Kentucky Federal Court Holds Plaintiffs filed a class action lawsuit against Tempur-Pedic and others alleging securities laws violations arising out of allegedly false and misleading statements regarding the company’s financial situation as part of a scheme to drive up the stock price thereby allowing insiders “to sell more than $246 million worth of stock at an inflated price...

Second Circuit Rejects Collective Scienter Theory
In a recent decision, the Second Circuit rejected a shareholder-plaintiff’s theory of collective scienter in a securities fraud suit brought against a financial services company...

The GM Paradigm
Whether a plaintiff can establish the scienter of a defendant corporation based on the collective knowledge of the corporation's employees, commonly referred to as the "collective scienter" theory, is a topic that is getting increased attention in the courts...

How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...

How to learn content of deceased parent's will?
go to the court house where your father died or the county he lived in. It is pu...

What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...

My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...

I had an account with GEMB/Select Comfort to buy a new bed back in 2005. After paying it off (in 2006), I requested they close the account. In January of 2008, I declared bankruptcy (chapter 7). The creditor was NOT list
if you did pay it off before the bankruptcy and it wasn't listed as a accou...

Lipitor
Review of Studies Show No Significant Benefit in Women

Tarceva
Safety Data Show Association with Liver Failure and Death

Smokeless Tobacco Increases Risk of Stroke and Heart Attack
Smokeless Tobacco Increases Risk of Stroke and Heart Attack

Health risk due to iodine exposure

Oral HRT
More Than Doubles the Risk of Blood Clots

Air Pollution
Low Levels May Increase Stroke Risk