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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jan 29, 2010

In re Marsh Erisa Litigation

Named Plaintiffs Donald Hundley, Conrad Simon, and Leticia Hernandez brought a class action lawsuit against Marsh & McLennan Companies, Inc. (MMC) alleging breaches of fiduciary duties under ERISA related to imprudent investments in MMC stock within the company's 401(k) plan. The litigation, complex in scope and involving extensive discovery, ultimately led to a $35 million class action settlement after arm's-length negotiations facilitated by a mediator. The Court approved the settlement, certified the class for settlement purposes, and sanctioned the plan of allocation. Additionally, the decision granted substantial attorneys' fees and expenses to lead counsel, alongside case contribution awards for the named plaintiffs, while rejecting the two objections received. This ruling concludes a significant ERISA litigation, emphasizing the protection of retirement savings for American workers.

ERISAClass ActionSettlement ApprovalFiduciary Duty401(k) PlanStock InvestmentAttorneys FeesLitigation ExpensesClass CertificationPlan of Allocation
References
78
Case No. MISSING
Regular Panel Decision

In re Blech Securities Litigation

This opinion addresses a motion for class certification in consolidated actions alleging securities and common law fraud. The plaintiffs sought to certify a class against various defendants, including Bear Stearns & Co. and Baird Patrick & Co., for a scheme to manipulate the prices of 'Blech Securities' between October 1991 and September 1994. The court reviewed the class action requirements under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, including numerosity, commonality, typicality, and adequacy of representation. Finding that these requirements were satisfied, the court granted the motion for class certification, with the creation of three subclasses to manage the litigation efficiently.

Securities FraudClass ActionMarket ManipulationBroker-DealerInvestment BankingBiotechnology StocksRule 23Federal Civil ProcedureFraud and DeceitConsolidated Actions
References
52
Case No. MISSING
Regular Panel Decision

In Re Simon II Litigation

Senior District Judge Weinstein issued an order concerning the consolidation and scheduling of various class action lawsuits within the broader tobacco litigation. The court emphasized the need for expeditious resolution of claims and suggested advancing test cases to assess class certification viability. The order outlines specific directives for asbestos-related cases, Blue Cross cases, union health fund actions, and individual plaintiff cases, often awaiting appellate decisions or setting new pretrial hearings and class certification motions for dates in late 2001 and early 2002. This order reflects the court's tentative views on managing these complex and expensive cases.

Tobacco LitigationClass ActionConsolidationTrial ScheduleCase ManagementPretrial HearingFederal CourtsCivil ProcedureAsbestos LitigationMedical Litigation
References
8
Case No. MISSING
Regular Panel Decision

Walker v. Columbia University

The plaintiffs in this action filed their complaint on June 15, 1973, but failed to move for a class action determination within the required sixty days, missing the deadline by over four weeks. The court found that this delay hampered public business and that no valid excuse was offered for the untimeliness. Furthermore, the court concluded that the plaintiffs' attorneys' failure to adhere to clear rules indicates they would not adequately protect the class interests. Consequently, the defendants' motion to dismiss the action as a class action was granted, and the plaintiffs' cross-motion for a class action determination was denied.

Untimely MotionClass Action DismissalProcedural RulesRule 23(c)(1)Rule 23(a)(4)Attorney ConductJudicial DiscretionDelayFailure to ProsecuteRule 11A(c)
References
4
Case No. MISSING
Regular Panel Decision

Wesley v. John Mullins & Sons, Inc.

Defendant John Mullins & Sons, Inc. moved to dismiss the plaintiff's pendent state law claim or, alternatively, to decertify the class action. The plaintiff had initially filed a class suit in February 1974, alleging violations of the Truth-in-Lending Act and the New York Retail Installment Sales Act. Although the action was tentatively certified as a class action, subsequent amendments to both federal and New York laws imposed significant limitations on recoveries in class actions involving statutory penalties. The court found that allowing the state law class claim to proceed would result in recoveries far exceeding federal limits and would contravene public policy against overwhelming penalty judgments. Therefore, the court dismissed the class action aspect of the plaintiff's state claim for lack of jurisdiction over the subject matter and decertified the class, while allowing the plaintiff to pursue an individual claim.

Pendent JurisdictionClass ActionTruth-in-Lending ActNew York Retail Installment Sales ActDismissal of ClaimDecertification of ClassStatutory PenaltiesFederal Question JurisdictionJudicial DiscretionFederal-State Conflict
References
10
Case No. 01-96-01528-CV, 01-98-00409-CV, 01-98-00016-CV, 01-98-00413-CV, 01-98-00124-CV, 01-98-00103-CV, 01-97-01321-CV, 01-98-00414-CV, 01-00-00289-CV, 01-00-00288-CV, 01-98-00018-CV, 01-98-00412-CV, 01-98-00415-CV, 01-98-00410-CV, 01-98-00411-CV and 01-00-00290-CV
Regular Panel Decision
Mar 30, 2000

In Re Polybutylene Plumbing Litigation

The case addresses whether a trial judge can unilaterally modify attorneys' fee contracts in mass tort litigation outside of class action rules. Appellants, a coalition of 49 law firms, challenged a trial court's order reducing their contingent fees in a polybutylene plumbing settlement. The trial court, acting *sua sponte*, deemed the aggregate fees excessive despite the absence of fraud, fiduciary breach, or client incapacity claims. The Court of Appeals examined the applicability of general contract law, class action principles, the common fund doctrine, and inherent judicial authority. The appellate court concluded that none of these exceptions allowed for the modification of valid, fully-performed attorney-client contracts, thereby reversing the trial court's decision regarding attorneys' fees.

Attorneys' FeesContingent Fee ContractsContract LawJudicial AuthorityMass Tort LitigationPolybutylene PlumbingNot a Class ActionCommon Fund Doctrine InapplicableTexas LawAppellate Review
References
26
Case No. MISSING
Regular Panel Decision

Life Insurance Co. of Southwest v. Brister

This is an interlocutory appeal challenging a trial court's order certifying a class action. The class, represented by M.C. Brister, Jr., comprises employees of Texas Steel Company who received workers' compensation benefits but were allegedly denied disability benefits under an Employee Benefit Plan issued by Life Insurance Company of the Southwest. The claims involved breach of contract and misrepresentation. Appellants contended that the class did not meet the requirements for certification under TEX.R.CIV.P. 42(b) and that the trial court improperly excluded evidence regarding a prior federal class action settlement. The appellate court affirmed the class certification, finding that common issues, primarily the interpretation of the Employee Benefit Plan and alleged statutory violations, predominated over individual issues, making a class action superior. While acknowledging the error in excluding evidence of the federal lawsuit, the court determined it was not a reversible error as it did not contribute to an improper judgment.

Class ActionInterlocutory AppealWorkers' CompensationDisability BenefitsBreach of ContractMisrepresentationEmployee Benefit PlanTexas Insurance CodeDeceptive Trade PracticesRule 42
References
38
Case No. MISSING
Regular Panel Decision

In re SLM Corp. Securities Litigation

This Memorandum and Order addresses the appointment of a lead plaintiff in a securities class action against SLM Corporation. Initially, Westchester Capital Management, Inc. was appointed, but its Article III standing was questioned following a Second Circuit ruling in W.R. Huff Asset Mgmt. v. Deloitte & Touche LLP, which clarified that investment advisors without a valid assignment of claims lack standing. The court denied Westchester Capital's subsequent motion to approve a post-appointment assignment, reasoning it would not cure the initial lack of standing and presented unique legal issues for the class. Consequently, the court considered other movants for lead plaintiff, ultimately appointing SLM Venture, a joint venture with the largest financial interest, finding it satisfied the typicality and adequacy requirements under the PSLRA and Rule 23. Girard Gibbs & De Bartolomeo, LLP was approved as lead counsel for SLM Venture.

Securities Class ActionLead PlaintiffArticle III StandingInvestment AdvisorAssignment of ClaimsPSLRARule 23Typicality RequirementAdequacy RequirementSecond Circuit Law
References
18
Case No. 02 Civ. 3288(DLC), 03 Civ. 0167, 03 Civ. 0168, 03 Civ. 0169, 03 Civ. 0170, 03 Civ. 0171, 03 Civ. 0337, 03 Civ. 0890, 03 Civ. 0891, 03 Civ. 0892, 03 Civ. 1283, 03 Civ. 1284, 03 Civ. 2839, 03 Civ. 3859, 03 Civ. 3860, 03 Civ. 4499, 03 Civ. 4500, 03 Civ. 6226, 03 Civ. 6227, 03 Civ. 6592, 03 Civ. 7297, 03 Civ. 7806, 03 Civ. 8269, 03 Civ. 8270, 03 Civ. 8271, 03 Civ. 8923, 03 Civ. 8924, 03 Civ. 9168, 03 Civ. 9400, 03 Civ. 9401, 03 Civ. 9402, 03 Civ. 9823, 03 Civ. 9824
Regular Panel Decision
Jan 20, 2004

In Re Worldcom, Inc. Securities Litigation

This case addresses motions for reconsideration and dismissal in a multi-district litigation stemming from the WorldCom, Inc. financial collapse. The court affirmed that Section 13 of the Securities Act, not the Sarbanes-Oxley Act's Section 804, dictates the statute of limitations for Section 11 and 12(a)(2) claims, as these actions were deliberately pleaded as strict liability/negligence rather than fraud. It also held that the 'American Pipe' tolling doctrine does not apply to individual actions filed independently before class certification, leading to many time-barred claims. Furthermore, the court upheld the dismissal of a Section 12(a)(2) claim regarding a December 2000 private placement, affirming that such placements fall outside the scope of Section 12(a)(2). Requests for leave to amend complaints were largely denied due to lack of diligence and bad faith in strategic pleading.

Securities LitigationClass ActionStatute of LimitationsSarbanes-Oxley ActSecurities Act of 1933American Pipe Tolling DoctrineRule 15(c) Relation-BackPrivate PlacementMotion to DismissMotion for Reconsideration
References
56
Case No. MISSING
Regular Panel Decision

In Re Holocaust Victim Assets Litigation

This Memorandum & Order by Judge Korman addresses objections to the allocation of settlement funds in the In re Holocaust Victim Assets Litigation class action. The Pink Triangle Coalition and Disability Rights Advocates proposed separate cy pres distributions for homosexual and disabled Nazi victims, respectively, aiming to fund education, research, and advocacy programs. They argued these groups were historically overlooked and difficult to identify for individual compensation. Judge Korman rejected both proposals, reaffirming the current allocation strategy of distributing funds directly to the neediest individual Holocaust survivors. The judge reasoned that the overwhelming and life-sustaining needs of survivors, particularly in areas like the Former Soviet Union, supersede the proposed cy pres distributions. He emphasized that the primary goal is restitution to individual victims, that there are no distinct sub-classes, and that disabled survivors are already major recipients of aid.

HolocaustClass Action SettlementFund AllocationCy Pres DoctrineVictim CompensationHomosexual VictimsDisabled VictimsNazi PersecutionHumanitarian AidSurvivor Support
References
13
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