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On The Case Headlines

Chicago sues Sessions (again) over sanctuary policy, claims ‘bad faith’ evasion of injunction

The city of Chicago has already won a permanent injunction against the Justice Department's 2017 policy of conditioning certain law enforcement grants on compliance with the Trump administration’s immigration policies. Last July, U.S. District Judge Harry Leinenweber of Chicago granted summary judgment in Chicago’s suit against Attorney General Jeff Sessions, holding that DOJ’s attempt to force the city to abandon its so-called sanctuary policy was both unconstitutional and unlawful

New SCOTUS petition invites justices to kill off M&A shareholder suits in federal court

Over the past couple of years, as shareholder challenges to M&A transactions have migrated from Delaware Chancery Court to federal courts, judges have begun squirming about the legitimacy of these class actions. Just last month, for example, I told you about a decision in which U.S. District Judge Thomas Durkin of Chicago said he has the inherent power to police mootness fees defendants have agreed to pay shareholders' lawyers – even when those shareholders' lawyers voluntarily dismi

Both sides want to settle class action. Judge says keep litigating. A First Amendment story?

U.S. District Judge William Alsup of San Francisco has developed a rigorous set of rules to ward off collusive class action settlements that benefit no one but plaintiffs' lawyers. As the judge explained in an order in a consumer class action against the computer peripherals company Logitech, he believes class members are best positioned to understand the value of their claims after they’ve conducted discovery and litigated a motion to be certified as a class. “That way, the class certification

Stay tuned: Fight to lead local TV ad price-fixing MDL is coming right up

There’s absolutely no doubt that the hottest securities class action of the moment is the shareholder fraud case against Tesla over Elon Musk’s infamous $20 million tweet, in which investors have until Tuesday at midnight to file a claim to lead the case. There will undoubtedly be no shortage of candidates, given that plaintiffs’ lawyers have been publicly asserting billion-dollar exposure for Tesla.

Defense group argues new MDL stats prove need to change rules for mass torts

The defense group Lawyers for Civil Justice has just released new statistics about the concentration of products liability cases in multidistrict litigation. According to the study, which is based on 2017 data from the U.S. Courts and the Judicial Panel on Multidistrict Litigation, cases consolidated in MDLs comprised 46.7 percent of the civil docket before U.S. district judges in 2017 – 124,202 cases in 256 MDLs.

Trump appellate judges are paving the way to challenge precedent

The month of September 2018 will undoubtedly go down in U.S. legal history for the rancorous furor over Brett Kavanaugh’s nomination to the U.S. Supreme Court, regardless of whether Kavanaugh, a judge on the District of Columbia U.S. Circuit Court of Appeals, is ultimately confirmed by the U.S. Senate. But in much quieter fashion, four judges whom President Trump appointed to federal appellate courts issued rulings in September that laid the groundwork for potentially momentous chall

The MAC wall has been breached! Should deal lawyers worry?

Laster found Akorn experienced two different kinds of material adverse events. The generics company’s business “dropped off a cliff” after the Fresenius deal was announced. Akorn ran into what it called unexpected competition in the market for some of its mainstay products, in addition to challenges facing the entire generics industry. The results Akorn reported in the quarters after its agreement with Fresenius were way below its rosy projections – and even way below Fresenius’ gloomiest foreca

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EU leaders prepare hardball Brexit summit for May

European Union leaders will give British Prime Minister Theresa May a tough reception in Brussels on Wednesday, warning her to rally support at home for the Brexit deal on offer or be cut loose without one in March.