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    No green light for establishing causation in shareholder claims
    2016-05-12

    Key Points:

    While shareholders may only need to establish indirect market causation, there are still significant obstacles for establishing shareholder claims.

    Do plaintiffs in a shareholder class action have to show they relied upon misleading or deceptive conduct, or is it enough that the market in general relied upon them, which then affected the share price?

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Shareholder, Class action, Causation (law)
    Location:
    Australia
    Firm:
    Clayton Utz
    Availability of indirect market based causation to shareholders
    2016-05-18

    The issue of how causation can be established has been one significant debate in Australian securities class actions involving alleged breaches of the Corporations Act by corporations. It has been unresolved whether shareholders must prove individual reliance on the contravening conduct of companies, or if the conduct affects the market price of shares purchased and/or sold by shareholders is sufficient.

    Filed under:
    Australia, New South Wales, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, McCabe Curwood, Shareholder, Causation (law), Causality, Competition and Consumer Act 2010 (Australia), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    McCabe Curwood
    Minnesota State Court Defendants Win Partial Summary Judgment Over RFC and ResCap
    2017-02-02

    Wednesday, February 1 brought a welcome development for the many correspondent lenders currently defending against claims filed by (or threatened with future lawsuits by) Residential Funding Company (“RFC”) and its successor-in-interest, the ResCap Liquidating Trust (“ResCap”).

    Filed under:
    USA, Minnesota, Banking, Insolvency & Restructuring, Litigation, Bilzin Sumberg, Causation (law), United States bankruptcy court
    Authors:
    Philip R. Stein
    Location:
    USA
    Firm:
    Bilzin Sumberg
    Issuer's failure to disclose Lehman investment is grounds for lawsuit
    2010-05-24

    On May 17th, a federal district court denied motions to dismiss a securities fraud lawsuit alleging that defendants failed to disclose adequately their investment in notes issued by a shell company owned by Lehman Brothers, who provided the principal protection guarantee. Defendants' knowledge regarding the notes and Lehman's insolvency contradicted their public statements, satisfying Rule 10b-5's scienter requirements. Plaintiffs also allege that their losses were exaggerated by defendants' lack of disclosure, adequately alleging loss causation.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Discovery, Involuntary dismissal, Causation (law), Securities fraud, Lehman Brothers
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Frenville overruled
    2010-09-23

    In 1984 a Third Circuit panel decided that the automatic stay did not apply to a right to payment which arose under applicable state law after a bankruptcy petition was filed. Avellino & Bienes v. M. Frenville Co., 744 F.2d 332 (3d Cir. 1984). The Third Circuit tradition is that the holding of a panel in a precedential opinion is binding on subsequent panels. Until this year Frenville remained good Third Circuit law notwithstanding universal rejection by other circuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Federal Reporter, Remand (court procedure), Causation (law), Bankruptcy discharge, General Motors, Title 11 of the US Code, US Constitution, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Fact inquiry necessary to determinate which sales of securities were "by means of" misstatements
    2010-10-22

    The U.S. Bankruptcy Court for the District of Massachusetts recently denied a motion for summary judgment on the issue of damages by investors in Access Cardiosystems, Inc. against one of the defendants, Randall Fincke. The investors had asserted claims against Mr.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Security (finance), Patent infringement, Fraud, Misrepresentation, Legal burden of proof, Causation (law), Westlaw, Securities Act 1933 (USA), United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Insolvency exclusion bars coverage for allegations that actuarial services firm contributed to client's insolvency
    2011-04-01

    The United States Court of Appeals for the Ninth Circuit has held, under California law, that an insurer had no duty to defend an insured actuarial services firm in litigation alleging that the insured’s reserve reviews and rate level recommendations contributed to the insolvency of a medical malpractice self-insurance fund. Zurich Specialties London Limited v. Bickerstaff, Whatley, Ryan & Burkhalter, Inc., 2011 WL 1118463 (9th Cir. Mar. 28, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Medical malpractice, Causation (law), Actuary, Malpractice, Ninth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Landlord avoids Bankruptcy Code's limitation on lease termination damages
    2007-11-14

    The Bankruptcy Code limits the amount a landlord may recover from a bankrupt tenant for damages caused by the termination of a lease of real property. But what if the tenant trashes the landlord's property before turning over the premises? Does the damage limitation apply to the landlord's claim for the cost of cleaning up the mess?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, White & Case, Bankruptcy, Collateral (finance), Breach of contract, Landlord, Leasehold estate, Statute of limitations, Remand (court procedure), Causation (law), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case
    Third Circuit upholds liability of PricewaterhouseCoopers in Ambassador insolvency
    2008-10-07

    The United States Court of Appeals for the Third Circuit recently upheld a $182.9 million judgment against PricewaterhouseCoopers, LLP (“PWC”) for allegedly contributing to the failure of Ambassador Insurance Company (“Ambassador”) through negligent auditing. Thabault v. Chait, No. 06-2209 (3d Cir., Sept. 9, 2008).

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Insurance, Professional Negligence, Locke Lord LLP, Audit, Negligence, Causation (law), Third Circuit
    Location:
    USA
    Firm:
    Locke Lord LLP
    Thabault v. Chait: completing the Third Circuit's deepening insolvency trilogy
    2009-03-06

    When the United States Court of Appeals for the Third Circuit decided Thabault v. Chait, 541 F.3d 512 (3d Cir. 2008), in September 2008, it was the most significant accounting malpractice decision of last year and perhaps the most significant damages case in the last 20 years. Why? Accounting malpractice cases are filled with pitfalls for unsuspecting plaintiffs. Moreover, accounting firms tend to settle cases in which the plaintiffs survive motions predicated on tried-and-true legal defenses and factual hurdles. The result is that few auditing malpractice cases are tried.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Professional Negligence, Jones Day, Shareholder, Audit, Federal Reporter, Accounting, Multidistrict litigation, Negligence, Remand (court procedure), Causation (law), Malpractice, New York State Insurance Department, Chief financial officer, Third Circuit, US District Court for District of New Jersey
    Authors:
    Tracy K. Stratford
    Location:
    USA
    Firm:
    Jones Day

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