Case Updates
The Honorable R. Steven Whalen certified a class of shareholders in Dougherty v. Esperion Therapeutics, Inc. et al, No. 2:16-cv-10089, a securities fraud class action involving Defendants’ materially misleading statements and omissions concerning a cardiovascular outcomes trial for the Company’s lead drug candidate.
The Hon. William J. Martini, United States District Judge for the District of New Jersey, entered an Order denying Defendants’ motion to dismiss against Honeywell, and individual defendants Darius Adamczyk, and Thomas A. Szlosek.
The Hon. Nicholas G. Garaufis, United States District Court Judge for the Eastern District of New York, entered an Order denying, in part, defendants’ motion to dismiss in Oliver, et al. v. American Express Company, et al.
KSF approved as Co-Lead Counsel for the Class in Bellingham v. Qudian Inc. et al. Plaintiffs allege that Defendants made materially false and misleading statements and failed to disclose material information regarding the negative effect developments in China’s regulatory environment had on Qudian’s business and operations.
The Honorable Lorna G. Schofield certified a class of shareholders of Chicago Bridge & Iron Company N.V. (“CB&I”) in a lawsuit arising from Defendants’ alleged material misrepresentations and omissions regarding the performance of, and accounting relating to, CB&I’s nuclear business.
The Hon. Patricia Koch, District Judge appointed KSF as co-lead counsel for the class in Helen Moore, et al v. Macquarie Infrastructure and Real Assets, et al¸ No. 251,417. The class alleges that Defendants breached their fiduciary duties in connection with the sale of Cleco to an investment consortium by, inter alia.
The Hon. Travis J. Laster of the Delaware Chancery Court appointed KSF as co-lead counsel for the class in Kenneth Riche, et al v. James C. Pappas, et al. The class alleges that Defendants breached their fiduciary duties in connection with the acquisition of U.S. Geothermal by Ormat Technologies, Inc. by, inter alia.
The Hon. Alvin K. Hellerstein, United States District Judge for the Southern District of New York, ordered KSF’s appointment as lead counsel for the class in In re Pareteum Securities Litigation, Case No. 1:19-cv-09767-AKH-GWG (S.D.N.Y.).
The Hon. William J. Martini, United States District Judge for the District of New Jersey, ordered KSF’s appointment as lead counsel for the class in Kanefsky v. Honeywell International Inc. et al.,
The United States District Court for the Southern District of California entered an order denying in large part defendants’ motion to dismiss. The Hon. Janis L. Sammartino found that Lead Plaintiff’s allegations gave rise to a strong inference of scienter with respect to materially misleading statements and omissions. This successful result was obtained after KSF prevailed in the Ninth Circuit Court of Appeals and in the United States Supreme Court.
The Hon. Patricia Koch appointed KSF as co-lead counsel for the Helen Moore v. Macquarie Infrastructure and Real Assets litigation (Cleco Corporation Merger).
The Hon. Elizabeth A. Kovachevich denied Defendant Health Insurance Innovations’ motion to dismiss, in part. Judge Kovachevich found Lead Plaintiff’s allegations that the company’s 2017 10-Q Second Quarter Report was misleading because it (i) conveyed the false impression that HII would not need a third party administrator (“TPA”) license to conduct its third-party insurance business in its home state of Florida and, (ii) misrepresented the reasons that the Florida Office of Insurance Regulation denied its application for a TPA license well plead.
Defendants filed a Petition for a Writ of Certiorari with the United States Supreme Court captioned Hagan et al. v. Khoja, Case No. 18-1010. The Petition for Certiorari appealed, in part, KSF’s victory in the Ninth Circuit in Khoja v. Orexigen Therapeutics, Inc., 899 F.3d 988 (9th Cir. 2018). KSF successfully defended the Ninth Circuit’s ruling before the United States Supreme Court when it denied Defendants’ Petition for a Writ of Certiorari on May 20, 2019.
Vice Chancellor Joseph R. Slights III of the Delaware Chancery Court rejected a motion to dismiss a stockholder derivative suit alleging insider trading and breach of fiduciary duty claims against executive officers and directors of Fitbit, Inc.
Motion to dismiss this matter, which stems from alleged material misrepresentations and omissions made by defendants in describing the content and scope of studies included in the Rexista™ New Drug Application, was denied, in part, by the Hon. J. Paul Oetken, United States District Court Judge.
The Honorable Judge John G. Koeltl entered a final judgment and order approving the Lead Plaintiffs’ $14.75 million recovery for investors in the Eletrobras Securities Litigation.
The Sixth Circuit Court of Appeals reversed and remanded the lower court’s dismissal of the securities class action filed on behalf of a putative class of Esperion Therapeutics, Inc. investors.
The Ninth Circuit Court of Appeals handed lead plaintiff a major win when it overturned much of the lower court’s order dismissing all claims against Defendant Orexigen Therapeutics, Inc.
The Honorable Jon P. McCalla (M.D. Tenn.) entered a final judgment and order in the consolidated securities class action lawsuit captioned Kasper v. AAC Holdings, Inc. et al.
Judge Barbara Lynn entered final judgment in Erica P. John Fund, Inc. v. Halliburton Co., et al. KSF served as Co-Class Counsel in the federal securities class action against oilfield services company and a high-level officer, in which Class Counsel obtained a unanimous decision by the U.S. Supreme Court, ultimately resulted in a cash settlement of $100 million for investors.