News, Results & Firm Blog
Home / News & Results
PSLRA Discovery Stay Does Not Preclude Discovery Sought Before Stay Was in Effect
The Private Securities Litigation Reform Act (PSLRA) imposes a discovery stay while a motion to dismiss is pending (15 U.S.C. §78u-4(b)(3)(B)). The intent of the statute was to avoid unnecessary discovery costs and ensure plaintiff’s securities claims are based solely on information known at the time of filing. In Petrie v. Electronic...
Nevada Considers Cumis Counsel Requirement
It appears that it will soon be clear whether Nevada will follow California's requirement that an insurer provide independent counsel to an insured where its reservation of rights creates a conflict of interest between the insurer and its insured. In Hansen v. State Farm Mut. Auto Ins. Co. (2013 WL 6086663), the U.S. District...
7th Circuit Clarifies Comcast – Commonality of Damages
A recent decision by the Seventh Circuit further demonstrates the difficulty of defeating class certification based upon individual issues of damages. Plaintiffs in multiple states brought claims against IKO Manufacturing and its affiliates, alleging IKO falsely claimed their roofing shingles met industry standards. Under 28 U.S.C. §1407, the...