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The court held that consolidation of cases was not appropriate where one case's derivative plaintiffs made no demand on the corporate board and the other case's single plaintiff chose to make a demand that was subsequently refused.
Shareholders Sufficiently Allege Materially Misleading Nature of CEO's Statements
Court Appoints Entities as Lead Plaintiff in Securities Class Action Against Kodak
Securities Fraud Suit Dismissed; Statements Not Misleading, Protected by PSLRA Safe Harbor
Purchasers' Claims Over Cosmetics' Unused Product Federally Preempted by FDCA
Claim Not Stated in Securities Fraud Suit Over Re-Weigh System Overcharging Customers
Appellate Division, First Department: October 31, 2019
Both public and private interests favored the transfer of this class action proceeding to a federal district court in another state, where a similar action was already pending.
Appellate Division, First Department: June 21, 2018
Another jurisdiction's dismissal of derivative action for lack of demand futility had preclusive effect under federal law upon competing group of stockholders derivative litigation.
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