On The Case Headlines

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue?

Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of global warming do not want to litigate in state court. In case after case, when localities have filed climate change suits in state court, oil company defendants have removed the cases to federal court. They’ve cited all kinds of rationales for federal jurisdiction, ranging from preemption by the Clean Air Act to federal common law governing inters

Roundup judge poised to reject novel class for future claims

A mere two weeks ago, I told you about a revolutionary class action proposal by Roundup maker Bayer and a team of plaintiffs' lawyers that offered a whole new way for companies to think about resolving their long-term exposure to mass tort liability.

Chegg tries a new way to avert mass arbitration: cancel users’ contracts

We’ve seen a lot of, um, creative tactics by companies attempting to avoid mass arbitration by workers and consumers they’ve compelled to surrender their right to sue. There are the now-classic tactics of attacking plaintiffs' lawyers and refusing to pay arbitration fees, which, as you know, can add up to millions of dollars. Companies have tried to avail themselves of class actions – yes, the very devices their contracts prohibit – to disrupt mass arbitration. One company was accuse

NetSuite execs are off the hook in groundbreaking Oracle derivative case

The plaintiffs lawyers who filed a derivative suit accusing Oracle directors of betraying shareholders in a 2016 deal to acquire a smaller company controlled by Oracle chair Larry Ellison have undoubtedly bushwhacked an extraordinary path for shareholders. Last August, after the shareholders’ breach-of-duty complaint survived a motion to dismiss, a special committee of Oracle’s board informed Vice Chancellor Sam Glasscock of Delaware Chancery Court that it was in the company’s best i

Goldman signals Supreme Court bid in Abacus CDO class action

Goldman Sachs signaled Friday that it will ask the U.S. Supreme Court to review a decision by the 2nd U.S. Circuit Court of Appeals upholding certification of a class of investors who contend the bank lied about putting clients’ interests ahead of its own in advance of revelations about Goldman's controversial Abacus CDO offering.

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