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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

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
Case No. 00 Civ. 1898, M21-88, MDL 1358
Regular Panel Decision

In Re Methyl Tertiary Butyl Ether Products Liability Litigation

This opinion and order denies Orange County Water District's (OCWD) motion to remand its action to state court. OCWD, a plaintiff in a multidistrict litigation (MDL) involving water contamination by MTBE, argued that its case was improperly removed from state court under bankruptcy statutes. The District Court, presided over by Judge Shira A. Scheindlin, found that OCWD's motion to remand was untimely under 28 U.S.C. § 1447(c) because it was filed more than 30 days after the notice of removal. The court emphasized that improper removal is a procedural defect, waivable if not challenged within 30 days, while a lack of subject matter jurisdiction can be raised at any time. As the court retained core bankruptcy jurisdiction, the motion was denied, highlighting Congress's intent to prevent late-stage forum shopping and ensure efficient litigation in MDLs.

Multidistrict LitigationMTBE ContaminationWater PollutionRemoval JurisdictionSubject Matter JurisdictionBankruptcy LawRemand MotionProcedural DefectWaiver28 U.S.C. 1447(c)
References
25
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. 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 New York City Asbestos Litigation

This case addresses the interpretation of CPLR 1601 regarding joint and several liability, specifically whether corporations that have filed for bankruptcy are considered beyond a court's "jurisdiction." The court, presided over by Edward H. Lehner, J., was tasked with molding judgments in five consolidated asbestos litigation actions. The central issue was whether the shares of fault attributed to bankrupt entities should be excluded from CPLR 1601 calculations for non-economic loss, thereby potentially increasing the liability of the non-settling defendant, Rapid-American Corporation. The court ruled that the term "jurisdiction" in CPLR 1601 should be enlarged to mean "effective jurisdiction," thus allowing for the exclusion of bankrupt entities from fault apportionment if effective jurisdiction cannot be obtained. The decision on the final molding of judgments was held in abeyance, pending a hearing to determine which corporations were subject to a bankruptcy statutory stay and verification of settlement amounts for offsets under General Obligations Law § 15-108.

Asbestos litigationCPLR 1601Joint and several liabilityBankruptcy stayEffective jurisdictionWorkers' Compensation LawSettlement offsetsJudgment moldingPersonal injuryTortfeasors
References
11
Case No. 02 Civ. 5571(RJH)
Regular Panel Decision

In re Vivendi Universal, S.A. Securities Litigation

This Memorandum Opinion and Order addresses defendants' motion for partial summary judgment concerning plaintiffs' standing in a securities litigation against Vivendi Universal S.A., Jean-Marie Messier, and Guillaume Hannezo. The central issue is whether various investment management companies, suing on behalf of investment funds and their investors, possess constitutional standing under the "Huff exception." The court examines the legal structures of numerous foreign investment vehicles from Germany, Luxembourg, France, Belgium, Sweden, Austria, and Denmark. It concludes that most management companies for German, Luxembourgian FCPs, French FCPs, Belgian FCPs, Swedish, and Austrian funds satisfy the Huff exception, denying summary judgment against them. However, the court grants summary judgment against Danish investment companies, finding their relationship with the Associations does not meet the exception's requirements. The opinion also rules that post-filing assignments or substitutions under Rule 17 FRCP can cure standing defects, allowing plaintiffs time to amend their complaints.

Securities LitigationStandingSummary JudgmentInvestment FundsManagement CompaniesArticle III StandingHuff ExceptionRule 17 FRCPClass ActionVivendi Universal
References
18
Case No. MDL No. 2389
Regular Panel Decision

In re Facebook, Inc., IPO Securities & Derivative Litigation

This opinion and order addresses the defendants' motion to amend and certify a prior December 12, 2013 opinion for interlocutory appeal, pursuant to 28 U.S.C. § 1292(b). The prior opinion had denied the defendants' motion to dismiss a consolidated class action complaint concerning federal securities claims related to Facebook's 2012 IPO. The current court denies the defendants' motion, finding that they failed to satisfy the high threshold required for § 1292(b) certification. Specifically, the court determined that the defendants did not demonstrate "exceptional circumstances" or that an immediate appeal would materially advance the litigation's termination. The court also found that the questions posed did not involve "controlling questions of law" in a pure sense, as they were fact-specific applications of law. While acknowledging a substantial ground for difference of opinion regarding the misrepresentation issue, the court concluded it was insufficient to warrant interlocutory appeal given the other factors.

Interlocutory AppealSecurities LitigationMotion to DismissMDL PanelFacebook IPOItem 303 Regulation S-KMaterial MisrepresentationSecond Circuit PrecedentSouthern District of New YorkClass Action
References
0
Case No. 09-CV-4074 (ADS)(AKT)
Regular Panel Decision

In re Gentiva Securities Litigation

This case involves a consolidated securities fraud class action filed by the Los Angeles City Employees’ Retirement System (LACERS) against Gentiva Health Services, Inc., and several of its executives. LACERS alleged that Gentiva inflated its stock price by ordering medically unnecessary home health services and billing Medicare for them. After initial dismissals and amendments, the court addressed a motion for partial reconsideration. The court dismissed remaining claims against former CFO John R. Potapchuk and the corporate entity Gentiva but sustained Section 10(b) and 20(a) claims against former CEO Ronald A. Malone, based on a theory of motive and opportunity related to insider stock sales.

Securities FraudClass ActionStock ManipulationMedicare FraudScienterMotive and OpportunityControl Person LiabilityPSLRARule 10b-5Securities Exchange Act of 1934
References
51
Case No. 02 MDL 1499, No. 153, 03 Civ. 4524, No. 83
Regular Panel Decision

In Re South African Apartheid Litigation

This opinion addresses two class actions brought by South Africans against multinational corporations under the Alien Tort Claims Act (ATCA), alleging aiding and abetting torts related to the apartheid system. Specifically, the Court considered Fujitsu Limited's motion to dismiss claims against it. Plaintiffs contended that Fujitsu's subsidiary, International Computers Limited (ICL), supplied computer systems used by the apartheid-era South African government to enforce racial pass laws. The Court found that while ICL had a relationship with the South African government that predated its deep relationship with Fujitsu, the plaintiffs failed to present plausible allegations of a principal-agent relationship between Fujitsu and ICL during the relevant period of ICL's alleged unlawful activities (1981-1986). The decision to grant Fujitsu's motion to dismiss was based on the lack of sufficient evidence demonstrating Fujitsu's direct control over ICL's specific business activities concerning South Africa's pass laws, distinguishing it from other cases where vicarious liability was established.

Alien Tort Claims ActApartheid LitigationCorporate LiabilityVicarious LiabilityMotion to DismissAgency RelationshipSouth AfricaInternational LawHuman RightsFujitsu
References
27
Case No. 02 Civ. 910
Regular Panel Decision
Oct 10, 2006

In Re Alstom SA Securities Litigation

The lead plaintiffs, a group of retirement systems and a union, filed a class action lawsuit alleging securities fraud against Alstom S.A., its subsidiaries Alstom Transportation Inc. (ATI), Alstom USA, and executives Stephan Rambaud-Measson and Joseph Janovec. The claims involve violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, stemming from ATI's alleged understatement of costs on railcar contracts, particularly for New Jersey Transit. These accounting improprieties purportedly led to an overstatement of Alstom's income in public financial reports. The District Court denied the defendants' motions to dismiss, finding that the plaintiffs sufficiently alleged scienter against Alstom, active participation and scienter against Rambaud-Measson and Janovec, and a plausible veil-piercing theory for Alstom USA's liability. The decision allows the case to proceed, underscoring that the plaintiffs' detailed new allegations, including executive knowledge of cost overruns, met the heightened pleading standards for fraud and control liability.

Securities fraudClass actionAlstomFinancial misstatementsExchange ActSection 10(b) violationSection 20(a) violationMotion to dismissScienterCorporate veil-piercing
References
53
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