On The Case


Chancery's DecoPac opinion shows 'ordinary course' breaches will remain extraordinary

Nothing is ordinary about the COVID-19 pandemic, but according to a ruling on Friday from Vice Chancellor Kathaleen McCormick of Delaware Chancery Court, the cake decorating company DecoPac Inc didn't divert from the ordinary course of business in responding to COVID's extraordinary economic disruption.

Apple wants to seal courtroom so investors can’t hear from Epic expert witness

Apple thinks the pension funds, mutual funds and other investors that have made it the most valuable publicly traded company in the world are not sophisticated enough to parse testimony from an expert witness in Epic Games’ antitrust case.

Chancery Court says Shire owes $20 million in contingency fees to Keker - though deal wasn't with Shire

Shire Pharmaceuticals is on the hook for more than $20 million in fees owed to Keker, Van Nest & Peters, thanks to a ruling on Tuesday by Vice Chancellor Kathaleen McCormick of the Delaware Chancery Court (2021 WL 1627166). McCormick, who has been nominated to become Delaware's chancellor, said that Keker's 30% contingency fee deal was reasonable and that Delaware has a public policy interest in rewarding shareholder lawyers who take risks and win.

Zantac generics plaintiffs hope SCOTUS Ford decision rescues claims against brand-name makers

The U.S. Supreme Court’s ruling in Ford Motor Co v. Montana Eighth Judicial District (141 S.Ct. 1017) is only a month old, but it’s already a workhorse.

In major ruling, 2nd Circuit says no circuit split on data breaches and standing

For years, I’ve been writing about a split among the federal circuits on whether data breach victims can establish a right to sue in federal court merely by showing that they are at increased risk of identity theft. Just a couple of months ago, when the 11th U.S. Circuit Court of Appeals held in Tsao v. Captiva MVP Restaurant Partners (986 F.3d 1332) that the mere risk of identity theft does not satisfy Article III standing requirements, I pointed out the courts’ acknowledgment t

Chamber to SCOTUS: Corporation's 'objectively baseless suit' is not a sham

If there is one voice in America that we can count on to decry baseless lawsuits, it is the loud squawk of the U.S. Chamber of Commerce. The Chamber represents the interests of its hundreds of thousands of corporate members – and those members don't like being sued.

After Robbins Geller sparks conflicts fracas, Bernstein Litowitz is rebuked but not removed

Hands down, the two most successful shareholder class action firms in the U.S. are Bernstein Litowitz Berger & Grossmann and Robbins Geller Rudman & Dowd. In the annual rankings from ISS Securities Class Action Service, it’s sometimes one, sometimes the other on top. But aside from 2018, when Pomerantz settled the $2.95 billion Petrobras case, Robbins Geller and Bernstein Litowitz are always atop the list.

11th Circuit concerned about 'ghostwritten' opinion but likely to approve $380.5 million Equifax deal

The judges of the 11th Circuit U.S. Court of Appeals who heard arguments on Tuesday by objectors to a $380.5 million settlement of data breach claims against the credit reporting firm Equifax Inc seemed troubled that the trial judge who approved the settlement may have adopted verbatim an undocketed, ex parte opinion drafted by class counsel.

Walmart makes a bad bet, gets hit with discovery sanctions in opioid MDL

The special master overseeing discovery in the nationwide opioids multidistrict litigation ordered new depositions of Walmart witnesses on Friday, sanctioning the retail giant for its defiance of a longstanding discovery order requiring defendants in the MDL to produce documents from other opioid cases outside of the consolidated federal-court proceeding.

In bizarre sextortion case, 9th Circuit rules sham litigation threats can be a crime

Throwing around completely baseless litigation threats isn’t just bad strategy. It’s potentially criminal, under a ruling this week from the 9th U.S. Circuit Court of Appeals in U.S. v. Koziol (2021 WL 1377809), a tawdry case involving a nude massage gone awry and a million-dollar extortion demand against a singer with a wholesome reputation.

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