Monthly Archives: August 2010

Intron Class Lacked Standing

On June 9, 2010, Judge Stanley R. Chesler of the U.S. District Court for the District of New Jersey dismissed, in its entirety, a class action lawsuit filed against various entities of drug manufacturer Schering-Plough Corporation.  In that case, In

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Mwantembe Court Rejects Unqualifed Class Representatives in Gift Card Claim

Allegedly, Albert Einstein once said, “If the facts don’t fit the theory, change the facts.” Plaintiffs counsel in the Mwantembe case could have benefitted from this sage piece of advice before attempting to certify a class with three completely unqualified

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BDO Siedman Investor Class Certification Denied – Third Circuit Rejects Fraud Created the Market Theory

In Malack v. BDO Seidman, LLP, the Third Circuit affirmed the district court’s denial of class certification in a putative securities class action and rejected the so-called “fraud-created-the-market” theory. The unanimous panel concluded that “[t]he fraud-created-the-market theory lacks a basis

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