There was a rush to pop champagne corks and declare complete victory by corporations facing current or potential litigation under the Alien Tort Statute (ATS) in light of the Supreme Court’s recent decision in Kiobel v. Royal Dutch Petroleum Co. … Continue reading
The securities fraud defense bar had quite a bad day at the Supreme Court this week. By a 6-3 decision in Amgen, the Court rejected the defendants’ newfangled theory that would have required securities fraud plaintiffs to prove materiality to … Continue reading
Everyone agrees that to win a securities fraud claim at trial, shareholders must prove that defendants’ false statements had a material effect on the company’s stock prices. Materiality is an element of this claim for the jury to resolve on … Continue reading
As I reported earlier this year, ever since the Second Circuit Court of Appeals in the famous 1980 case of Filartiga v. Pena-Irala ruled that foreign victims can sue under the Alien Tort Statute (ATS) in U.S. courts for being … Continue reading
Class actions are about fairness and efficiency. While some corporate defendants act as if class actions are beasts from the Book of Revelation, class actions simply involve a person representing the interests of a larger group of people having common … Continue reading
The Supreme Court ruling upholding the vast majority of the Affordable Health Care Act had immediate consequences visible to all from the moment reporters rushed from the court to the waiting cameras, microphones and partisans in the debate who were … Continue reading
Everyone who cares about our civil justice system protecting victims of terrorism and human rights atrocities worldwide should pay close attention to an oral argument to be made before the U.S. Supreme Court later this month in Kiobel v. Royal … Continue reading
Imagine for a moment that a company produces a product that includes a deadly, cancer-causing material. This producer makes millions of dollars in profits selling the product but doesn’t notify those using it that it includes dangerous material, even though … Continue reading