News & Analysis as of

Class Action Motion to Dismiss Omissions

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Hogan Lovells

Generac Holdings, Inc.: Court dismisses complaint alleging COVID-related omissions

Hogan Lovells on

In City Pension Fund for Firefighters and Police Officers in the City of Tampa Bay et al. v. Generac Holdings, Inc., et al., the Eastern District of Wisconsin dismissed a consolidated class action complaint alleging...more

A&O Shearman

Southern District Of Florida Dismisses Suit Against French Content Moderation Company And Previews Acceptable Amended Complaint

A&O Shearman on

On May 22, 2024, Judge Cecilia M. Altonoga of the United States District Court for the Southern District of Florida granted a motion to dismiss a putative shareholder action asserting claims under Sections 10(b) and 20(a) of...more

Kilpatrick

Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment

Kilpatrick on

Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the...more

Goodwin

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Goodwin on

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Goodwin

California Federal Court Denies Motion to Dismiss Securities Class Action Arising from Uber’s IPO

Goodwin on

California Federal Court Denies Motion to Dismiss Securities Class Action Arising from Uber’s IPO; S.D.N.Y. Dismisses Ponzi Scheme Action Against HSBC Hong Kong for Lack of Personal Jurisdiction; Delaware Court of Chancery...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - September 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May and August 2019....more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Limits Reach of SLUSA Preclusion in State Law Variable Annuity Class Action

In O’Donnell v. AXA Equitable Life Insurance Co., No. 17-cv-1085, 2018 WL 1720808 (2d Cir. Apr. 10, 2018), the United States Court of Appeals for the Second Circuit reversed an order dismissing a variable annuity...more

A&O Shearman

Second Circuit Holds That SLUSA Is Not Triggered By A Holder's Passive Retention Of A Security Following An Alleged...

A&O Shearman on

On April 10, 2018, the United States Court of Appeals for the Second Circuit revived and remanded to state court a putative class action brought against AXA Equitable Life Insurance Company. O’Donnell v. AXA Equitable Life...more

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