Plaintiffs Should Have Uncovered Alleged Fraud Via Due Diligence in Earlier Litigation

Handdown List released on:July 17, 2024

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.

RICO Claims Against Illegal Loft Conversion's Landlord Are Time-Barred, Dismissed

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.