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Judgment Vacated; Statute, Precedents Required Judge's Pre-Judgment Disqualification
Court did not err in denying class certification where its rulings did not constitute an impermissible "prediction" of plaintiffs' success on the merits and where there was no authority precluding the court from considering loss causation.
New York v. Jesse Coley
Judicial Immunity Noted in Dismissal for Lack of Jurisdiction, Failure to State Claim
Law of the case precluded settlement objector's challenge to the adequacy of consideration where revised settlement merely deleted provisions improperly releasing future claims and the court had previously found the retained provisions fair and beneficial to the corporation and its stockholders.
Although plaintiffs' experts' report in support of their damages theory for class certification used sufficiently reliable methodologies under the Daubert standard, the evidence was wholly speculative to demonstrate economic loss or proximate causation, such that plaintiffs could not meet the commonality or predominance standards.
Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.
Appeals & Motions List released on:September 28, 2023
Court declined to exclude expert report in support of class certification where unreliability of trading model was not fatal to the reliability and admissibility of the report's event study, but plaintiffs' theories of damages in their expert report did not encompass some damages experienced by certain sophisticated investors.
Misrepresentations Did Not Impact Stock Price; Shareholder Class Decertified
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