Harvard Professor, Foe of Shareholder Litigation, Fails to Institute Arbitration at J&J
After finding no live case or controversy before the court, U.S. District Judge Michael Shipp said he could not issue an advisory opinion. "Judicial declarations are not intended to be used as academic instruments clarifying the state of the law in hypothetical scenarios," he said.
March 17, 2022 at 04:35 PM
4 minute read
A federal judge in Trenton, New Jersey, has dismissed a suit seeking to require Johnson & Johnson to arbitrate shareholders suits.
In a blow to the plaintiffs' notions of limiting shareholders' rights to sue public companies, U.S. District Judge Michael Shipp said the suit raises questions that are moot and unripe. The latest ruling marks the second time Shipp has rejected the proposal. He dismissed the case without prejudice in June 2021, but the opportunity to submit an amended complaint didn't seem to make a difference.
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