$10 Million Verdict Upheld Against PricewaterhouseCoopers Jul 25, 2008
"The evidence authorized the jury to find that Coopers' fraud prevented the trustees from discovering the trusts' cause of action until January 2002.". Because Bassett filed his claims on behalf of the Kellett family trusts within four years of discovering the alleged fraud, those claims were considered legitimate rather than untimely by the appellate panel. (Law.com)
New Suits Over Recalled Drugs May Target China Jul 24, 2008
"This is a manufacturing defect, a different type of cause of action not subject to pre-emption problems that some of the failure-to- warn cases have," he said. "Because of that, it's unique in that respect from some of the pharmaceutical litigation out there.". (Law.com)
Courts bound by rule of law, not societal faults Jul 18, 2008
The Rhode Island attorney general effectively sought judicial creation of a new cause of action - one that the state Legislature had declined to authorize - in order to impose liability without proof of wrongdoing or causation, or evidence that any defendant's product was even present in Rhode Island. In an 81-page decision, the court acknowledged both the serious problem of lead poisoning in children and the "public health success story" that the Legislature's chosen remedies have occasioned. (Boston Globe -- Editorial)
Lawyer's Legal Work for N.J. Justice Bounces Firm From Vioxx Case Jul 15, 2008
In June, the state Supreme Court ruled in Sinclair v. Merck, 948 A. 2d 587, that the PLA did not provide a cause of action seeking medical monitoring for Vioxx patients with no symptoms. In 2007, in International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck, 192 N.J. 372, the state high court blocked an attempt by unions and health insurers to pursue a class action under the state Consumer Fraud Act to recoup payments for Vioxx prescriptions. (Law.com)
N.Y. Court Defines Test for Obtaining Identities Behind Online Posts Jul 13, 2008
A plaintiff must also identify the "exact" alleged defamatory statements and "produce sufficient evidence supporting each element of its cause of action, on a prima facie basis.". Finally, a court "must balance the defendant's First Amendment right of anonymous free speech against the strength" of the plaintiff's case. (Law.com)
Civil Lawsuit Filed: Bartian involved in racially charged fight sues alleged assailants, parents (67) Jul 13, 2008
In a second cause of action, the suit alleges that the parents of the three juveniles involved are responsible for 2,500 per household for the losses sustained by the Plaintiff. All were charged in the incident, including Collier. (Bartlesville Examiner-Enterprise, OK)
Court dismisses flood damage case against town board Jul 13, 2008
In New York State law, a three-year statute of limitations applies and the cause of action for litigation is said to begin at the time of an alleged injury ... As stated in documents issued by the courts, any cause of action that occurred before Nov. 8, 2004 is barred by the statute of limitations. (Henrietta Post, NY)
LETTERS: NCT, July 7, 2008 Jul 8, 2008
Otherwise, they have no role due to no cause of action. The case would get dismissed by showing the plaintiffs failed to state a cause of action ... To bring a case in civil court, the Plaintiff must state a cause of action and then prove the elements with relevant, credible, and admissable evidence. (North County Times)
3rd Circuit Asks Pa. High Court to Clarify Accountant Liability Jul 4, 2008
"Given the questions surrounding the Lafferty holding, the need for clarification of the in pari delicto doctrine under Pennsylvania law, and the presence of the aiding and abetting cause of action, we believe that the best course is to request that the Pennsylvania Supreme Court clarify the contours of in pari delicto under Pennsylvania law," Ambro wrote. In the final paragraph of the order, Ambro framed the issues into two questions to be certified to the Pennsylvania Supreme Court: "What is... (Law.com)
U.S. Court Upholds Dismissal of Canadian Maher Arar's Suit Over Rendition Jul 1, 2008
Congress ``has chosen to establish a remedial process that does not include a cause of action for damages against U.S. officials,'' the court said. The lawsuit challenged ``extraordinary rendition,'' a process by which federal authorities have, without legal proceedings in U.S. courts, allegedly sent suspected terrorists to be held and tortured in other countries. (Bloomberg -- Canada)
Huge case backlog clogs India's courts Jun 28, 2008
This is vital to ensure that only the genuine ones with a justifiable cause of action based on judicially manageable standards are taken up. In this regard, it is suggested that the Supreme Court set up a special screening cell to deal with PIL matters and thoroughly scrutinize them. (Asia Times Online)
Court Rejects Suit by Woman Who Said She Had Sex With Rabbi to Find Husband Jun 27, 2008
In the absence of such a showing, Graffeo wrote, "no cause of action can be maintained for an extended voluntary sexual affair between consenting adults," even if Marmelstein "could prove that her acquiescence was obtained through lies, manipulation or other morally opprobrious conduct.". In a footnote, however, Graffeo wrote that there would be a "critical difference in the viability of claims" brought by minors who are "incapable of consent" asserting improper sexual conduct by a minister. (Law.com)
Deepening Insolvency Claim Against Deloitte & Touche Upheld Jun 19, 2008
Deepening insolvency is not an independent cause of action unless a plaintiff alleges other causes of action such as professional negligence, the Commonwealth Court of Pennsylvania has ruled in a claim by the Pennsylvania Insurance Department against ... In finding that the deepening insolvency theory was not valid as an independent cause of action, the 3rd Circuit considered Official Committee of Unsecured Creditors v. R.F. Lafferty & Co. In Lafferty, the court recognized that in addition to... (Law.com)
Cohabitation Not a Requirement for Palimony Claim, Says N.J. Supreme Court Jun 18, 2008
"We hold that cohabitation is not an essential requirement for a cause of action for palimony, but a marital-type relationship is required," wrote Justice John Wallace Jr. in , A-20-07 ... " "Even California -- the birthplace of the Marvin/palimony cause of action -- requires cohabitation as a prerequisite to recovery on a palimony case," he said, referring to . "More to the point, California makes the critical observation that if cohabitation were not a prerequisite to recovery, every dating... (Law.com)
Black Farmers Gather in Tuskegee to Ask for Federal Help Jun 17, 2008
One man said, "If these people denied over 50% of black folks in the first lawsuit what makes us think they're not going to deny 50% of the black folks as we go forward?" Davis explained, "This is a new cause of action. It is not trough the administrative process. It's no monitor. It's no facilitator. It's gone into court." That means the outcome will be decided in court this time and not by an administrator. Davis is hoping it will became a class-action lawsuit so it will be settled quicker,... (WSJA.com, AL)
Spiteri's case against Nine to go ahead Jun 14, 2008
Nine had applied to have the case thrown out before it went to trial, on the basis that Ms Spiteri "had no reasonable prospects of successfully prosecuting the proceedings", that she had "no reasonable cause of action", and that "the pleadings are embarrassing". Nine alternatively sought to have Spiteri's statement of claim struck out. (Sydney Morning Herald)
Gopalan Nair faces second charge of insulting judge Jun 12, 2008
Nair's lawyer Chia Ti Lik told the court that his client may take a certain cause of action and so the case has been adjourned to Monday for a further mention in the Subordinate Courts. Nair has been released on bail. (Channel NewsAsia, Singapore)
Nigeria: Delta Recovers 260 Oil Wells From Ondo State Jun 11, 2008
It also argued that the court lacked the jurisdiction to entertain the matter and that the suit disclosed no reasonable cause of action against the respondents. But the court agreed to take the objection alongside the substantive suit. (allAfrica.com)
N.Y. High Court Questions AG's Involvement in Suit Over Grasso's Pay Jun 4, 2008
"My question is, granted that the stock exchange would have a cause of action to get the money back, why should the attorney general have to do that?" Smith inquired. "Why can't the management of the stock exchange handle it?". (Law.com)
Uganda: Govt to Appeal Ruling On Public Demonstrations Jun 2, 2008
Mr Jackson Kafuuzi, one of the senior lawyers who handled the case, said the AG's decision is within procedure and he (AG) may now be preparing a memorandum with details of his cause of action. If indeed the AG goes ahead with the appeal, he is expected to write to the Constitutional Court demanding details of the ruling before filing a memorandum of appeal in the Supreme Court. (allAfrica.com)
Sweepstakes Rules Jun 1, 2008
Except where prohibited, by making an Entry, Entrant releases and holds harmless Jupitermedia Corporation and its subsidiaries, affiliates, and their shareholders, directors, officers, employees and agents and the judges (the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes, human or technical errors, or receipt or use of any prize. IN NO EVENT WILL JUPITERMEDIA CORPORATION, ITS LICENSEES, AND OR THEIR AFFILIATES, SUBSIDIARIES AND... (LinuxPlanet)
Attorneys Slam 'Bailout Plan' for Businesses May 29, 2008
"The cases are over. Congress says you don't have a cause of action anymore. There's nothing we can do," said Miami attorney Matthew Sarelson, who has filed a dozen FACTA lawsuits. He said six of the lawsuits are now over due to the legislation. (Law.com)
Nevada's First Lady Says Husband Has a Girlfriend May 29, 2008
The complaint also states the "cause of action for divorce" occurred in Reno, but offers no specifics. Dawn Gibbons, 54, has proposed that Jim Gibbons, 63, could move back into the Governor's Mansion in Carson City and she would stay in a guest house on the grounds so she can continue her duties as first lady. (Newsmax)
High Court OKs Suits Against Retaliation Over Workplace Claims May 28, 2008
The Supreme Court, led by Justice Stephen Breyer, agreed, finding that under Court precedent and congressional enactments, Section 1981 should encompass retaliation claims -- even though retaliation is not specifically mentioned as a cause of action ... In a rare dissent, Chief Justice John Roberts Jr. said retaliation claims are handled under civil service procedures, and Congress did not intend to create a separate cause of action under ADEA. Justices Antonin Scalia and Clarence Thomas joined... (Law.com)
Workers can sue firms over retaliation, Supreme Court rules May 28, 2008
At issue in both cases was whether Congress had created a cause of action in the law to permit retaliation lawsuits. While some laws, such as Title VII of the Civil Rights Act of 1964, ban retaliation in response to any discrimination complaint, other important civil rights laws make no mention of retaliation. (Christian Science Monitor -- USA)
Centro to fight class action May 26, 2008
"We are very confident about our position and we obviously would not commence a proceeding if we weren't of the view that there is a cause of action to be tried where people deserve compensation for their losses," he said. "People have got an obligation to be honest and competent. "Just because you might be honest, but incompetent, doesn't mean you are not legally liable for losses. (Melbourne Herald Sun)
Wrongful death lawsuit brought against county May 20, 2008
Andersen asked the court to dismiss Gensmer s pretended cause of action. Andersen said his firm, Ratwik, Roszak and Maloney PA of Minneapolis, handles many civil suits against counties but this one was factually unusual because of the nature of the incident and that it happened during a hugely unusual flood event. (Winona Daily News, MN)
Letters to the editor (May 9) May 16, 2008
Sounds like Plutarch has a cause of action ... Plutarch would not have a cause of action, but at least he correctly attributed the quote ... Plutarch would not have a cause of action. (Corvallis Gazette Times, OR)
Effort to Collect $116 Million From PLO May Go to Trial May 15, 2008
The vexing issue before Supreme Court Justice Shirley Werner Kornreich was whether there is a right to a jury trial when the sole cause of action is for declaratory judgment, which, as a product of legislation, is neither equitable nor legal in nature. Because the nature of the slain family's collection claim is more legal in nature than equitable, Justice Kornreich concluded in , 102101/06, the case should be tried before a jury. (Law.com)
Ramey, council appear close on truce May 15, 2008
" he wrote.The next day, Lampros wrote that Dickerson "indicated that Council would likely resist any resolution that did not insure that Davis Bauman retained his position as City Attorney. " He continued by saying Ramey "is probably willing to consider any qualified individual for the position so long as reasonable billing practices are followed and there is accounting for how time is spent and what the City is getting for its money. (Clayton Tribune, GA)
JK Rowling's son wins privacy battle in court May 8, 2008
It was a preliminary ruling because it was made on an application by the picture agency for the case to be struck out as not disclosing any cause of action. English courts have previously refused to recognise the right of an individual not to be photographed in a public place unless there are special circumstances such as harassment, distress to a child or disclosure of confidential information. (Telegraph.co.uk)
Kenya: Team Questions Voting Practice May 8, 2008
Mrs Keli said this was because the code of conduct did not specify the next cause of action should the individual refuses to honour the fines imposed by the commission. "We are however contemplating filing court cases to compel the said politicians to pay up their fines," said Mrs Keli. (allAfrica.com)
Molokai patients receive apology May 8, 2008
The resolution says: "The Legislature does not confer any legal cause of action or any legal rights, remedies, relief, restitution or reparations" through the apology. "They are not looking to sue, to get reparations," English said. (Honolulu Star-Bulletin)
County wants suit dismissed May 2, 2008
No cause of action exists for an unhappy county clerk to sue the county board for additional funding, and the amended complaint, in its present form, does not allege anything more. The next court hearing on the Hieronymus complaint is set for 11 a.m. Monday in the LaSalle County Courthouse. (Princeton Bureau County Republican, IL)
Continue reading Apr 23, 2008
"If they start building a multi-family apartment complex with a swim center and manager units and everything else, don't you have a different cause of action in another court once they start that building?," he said to Costanzo. Hamilton said that if the developer violates the already-approved conditions, then the city could bring a lawsuit against it. (Selma Enterprise, CA)
Terms and Conditions Apr 21, 2008
com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. (iAfrica.com)
Looking at legal action Apr 11, 2008
"I have no idea what the cause of action might be," Saxl said. "I believe that what the First Selectman did was appropriate and called for." Bisacca, a Fairfield resident and attorney associated with the group calling itself Concerned Citizens, said a lawsuit would hinge on several bases, including what he said is a violation of the town charter. (Fairfield Minuteman, CT)
Reed Smith Takes Chance on Contingent Fee Case -- and It Pays Off Apr 8, 2008
The Supreme Court rejected the plaintiffs' "scheme liability" argument that if a third party somehow participated in the scheme to defraud investors it was liable under 10(b) of the Securities Exchange Act of 1934 for a private cause of action. The court said that although respondents Scientific-Atlanta and Motorola assisted in Charter Communications' scheme to inflate its earnings, it was only Charter Communications that put the false earning statements into the public domain. (Law.com)
Appeals court denies Katrina 'wrongful death' lawsuit Apr 5, 2008
"These allegations may state a cause of action for negligence, but the immunity statute allows a finding of liability only upon a showing of willful misconduct," the majority's option stated. Judge Charles R. Jones, who cast the lone dissenting vote, said he believes Freeman "set forth the facts necessary to state a cause of action" against the defendants, including former Gov. Kathleen Blanco and New Orleans Mayor Ray Nagin. (WWLTV.com, LA)
Inspection rules hinder developers Apr 1, 2008
If the engineer certifies shoddy work, the city could call the state Licensing Bureau and bring a cause of action against the engineer. "They are very strict on an engineer certifying something that is not what they say it is," he said. (The Augusta Chronicle)
To protect the children Apr 1, 2008
But Simitian has identified a serious deficiency in a well-established state law known as the Tort Claims Act, which requires someone who wants to file a lawsuit against a city, county or school district to initiate his or her claim within six months of cause of action. This rule might make sense for timely reporting of a car accident or tree-removal dispute, but it's incongruous with the reality of sexual abuse of children. (San Francisco Chronicle -- Opinion)
11th Circuit Demands Sanctions in Libel Suit Mar 25, 2008
"The applicable statutes and case law of both Georgia and Connecticut precluded relief. Before filing their complaint, the plaintiffs were aware of the contents of Enney's memorandum and to whom it was circulated. Based on a reasonable inquiry, they either knew or should have known that they could not satisfy necessary elements of their cause of action for libel.". The typical sanction under Rule 11 is attorney fees, according to Counts, although she said Camp could issue some alternative... (Law.com)
JOIN THE CONVERSATION! WE WANT TO HEAR FROM YOU! Mar 18, 2008
It should be clear by now it won t. Can t the police come up with some cause of action. According to your newspaper, the candidates were supposed to have their yard signs out of yards and roadways so many days after the election. (Rio Rancho Observer, NM)
Patent Attorneys Sue Cisco and Blogging In-House Lawyer for Defamation Mar 15, 2008
Two days later, Ward filed an amended petition in the suit and changed the style to John Ward Jr. v. Cisco Systems Inc., et al. In the amended petition, Ward brings a defamation cause of action and alleges Frenkel knew that many people were reading the defamatory statements in the blog and Cisco was aware of Frenkel's blog activity. "Defendant Frenkel has publicly admitted that he engaged in this activity with the full knowledge and consent of his employer Defendant Cisco Systems, Inc." and... (Law.com)
Big Business's Big Term Mar 6, 2008
Stoneridge is what lawyers call a "cause of action" case; it was about whether the plaintiffs could get into the courthouse to ensure the enforcement of the obligations that the federal Securities Exchange Act of 1934 imposes on corporations ... But starting in 1975, the court began a steady retreat from the idea that judges could "imply" a cause of action, forcing Congress to state clearly that it wants people to be able to sue. (Slate)
Product Safety to Be Considered in the Senate Next Week; Groups Rebut False Charges Mar 1, 2008
" THE TRUTH: S. 2663 creates a database for the collection of consumer complaints and third-party information about potential product hazards to help consumers make safer, better informed choices in the marketplace. NHTSA has had a similar consumer complaint database available to the public for some time. The legislation specifically allows businesses to rebut such complaints, and includes these rebuttals in the data-base. The bill also requires the CPSC to promptly remove any information on the... (PR Newswire)
Class Action Seeking Insurance for Eating Disorders Can Go Forward Feb 29, 2008
That law requires coverage for BBMIs equal to that of any sickness, and Nagel argued the statute includes an implied private cause of action that would entitle him to a jury trial. But Hochberg said even if that were true, the law would be pre-empted by ERISA.. (Law.com)
Live Blog: Hans Reiser trial for Feb. 26, 2008 Feb 27, 2008
" the judge mouthed to Du Bois at one point. Du Bois asked Hicks if she was reluctant to testify in this case, and Hicks said "it makes you uncomfortable" when an attorney testifies about his or her client because of attorney-client privilege. Du Bois asked the judge to tell the witness about a case that waives this privilege, and Goodman did so: "Cheryl, my research attorneys and I" looked up the applicable case, which basically states that if a client calls his attorney as a witness to testify... (San Francisco Chronicle -- Crime)
Nigeria: Yar'Adua's Election Was Perfect - Tribunal Feb 27, 2008
com: Nigeria: Yar'Adua's Election Was Perfect - Tribunal (Page 1 of 2). Use our pull-down menus to find more stories. (allAfrica.com)
Dishing Dirt Feb 27, 2008
Wednesday, February 27, 2008, 5:16 am. Sign up for traffic alerts & you could win $50 in gas. (NBCSandiego.com, CA)
Battle Lines Drawn: City Council ordered to reverse course or respond in court to ousted mayor’s claims (50) Feb 24, 2008
Although Judge DeLapp granted a quick response to the first of Nikkel s legal requests, two other cause of actions spelled out in his petition have not yet been acted upon by the court. The second cause of action contends that Gorman is willfully usurping, intruding into, and unlawfully holding and exercising the office of Mayor of the City of Bartlesville and immediate and irreparable harm, injury, or loss will result to Nikkel before the merits of this claim can be heard if defendant Gorman is... (Bartlesville Examiner-Enterprise, OK)
Overstock.com Obtains Another Positive Ruling in Prime Brokerage Litigation Feb 16, 2008
com the Okay to Continue to Proceed on California's Securities Anti-Fraud Cause of Action and Portions of California's Unfair Business Practices Act Cause of Action SALT LAKE CITY, Feb. 15 /PRNewswire-FirstCall/ -- Overstock. com, Inc. (Nasdaq: ) () announced today another favorable ruling in the lawsuit pending in the Superior Court of California, County of San Francisco against most of the largest prime brokerage firms in the country, including Morgan Stanley ncorporated, Goldman Sachs Bear... (PR Newswire)
More of this story Feb 16, 2008
DeLapp s order is in answer to the first cause of action listed in a petition filed Friday morning with the Washington County Court Clerk s office ... The first cause of action in the Nikkel s lawsuit which prompted DeLapp s order contends that Section 5 of Article 2 of the Amended City Charter states that the mayor and vice-mayor shall serve two year terms and opines that the charter is void of any provision permitting the City Council to remove Nikkel from his office as Mayor ... The second... (Bartlesville Examiner-Enterprise, OK)
Lis on Law: Photos Posted on Gay Web Site Without... Feb 14, 2008
Is there another possible cause of action. Well, although the boys faces were blurred out in most of the pictures, their images were still used without their consent. (Fox News)
Court is out on whether utility can be sued Feb 1, 2008
To found a successful civil claim for damages as a result of the act or omission of another party, a claimant would need a cause of action founded in contract or in delict ... He said a further cause of action was founded upon breach of the electricity supply agreement concluded between Eskom and each consumer. (Business Report, South Africa)
Escaping poor schools Jan 30, 2008
Everything wasn t a (potentially, and likely) cause of action for a lawsuit. So, if for no other reason than schools could effectively enforce their own rules without threat of litigation, they did have parental support. (Atlanta Journal-Constitution)
Memorandum of Justification for Waiver of Section 1083 of the National Defense Authorization Act for Fiscal Year 2008 with Respect to Iraq Jan 29, 2008
Section 1083 would also expose Iraq to potential new liability by undoing judgments favorable to Iraq, by foreclosing available defenses on which Iraq has relied, and by creating a new Federal cause of action backed by punitive damages. Any and all provisions of section 1083 may adversely affect Iraq or its agencies or instrumentalities, by exposing Iraq or its agencies or instrumentalities to liability in United States courts and by entangling their assets in litigation. (White House News Releases)
Ohio Justices Grill Attorneys Over Family Property Rights to Post-Autopsy Organs Jan 24, 2008
David Katz, a lawyer for the family, said, "I can't imagine anyone would come back later who hired a doctor to take something out because it's infected and bring a cause of action because it's been destroyed. That's taking it to this absurd level.". Justice Evelyn Lundberg Stratton asked Katz to cite the section of the Constitution to bolster his legal argument, asking where guarantees of liberty or property fit into the case. (Law.com)
SETTLEMENT AGREEMENT Jan 23, 2008
Further, Mr. Watkins waives and relinquishes any right or cause of action of any kind whatsoever against the School District or its employees, agents or Board members under any federal or state constitution, any statute, any administrative regulation and/or any common law cause of action. Mr. Watkins agrees not to file any grievances or initiate any administrative proceedings, including, but not limited to a claim with the Arizona Civil Rights Division or the Equal Employment Opportunity... (Douglas Daily Dispatch, AZ)
Motion to relieve superintendent of duties fails Jan 22, 2008
The court ruled in a hearing held Jan. 10 at the Bamberg County Courthouse that the South Carolina Freedom of Information Act does not support a cause of action against persons in their individual capacity. As a result, Denmark-Olar School Board Chairman Alvin Maynor, Superintendent Dr. Secaida Howell and school district attorney Charles Boykin were released from the FOIA lawsuit. (Orangeburg Times and Democrat, SC)
San Mateo Hosts Legal Workshops Jan 20, 2008
Topics covered will be: who can and should be party to a lawsuit, what is a cause of action, how do you serve someone and how do I respond to a lawsuit. In addition to the new workshops, the court offers free services such as divorce workshops, settlement assistance for divorce cases and one-on-one information sessions for family law cases. (NBC 11, CA)
AMY GOODMAN: NBC takes a swipe at democracy Jan 18, 2008
NBC claimed that "Mr. Kucinich's claim is nothing more than an illegitimate private cause of action designed to impose an equal-access requirement that entirely undermines the wide journalistic freedoms enjoyed by news organizations under the First Amendment."NBC also argued: "A television station does not have to grant unlimited access to a candidate debate. If anyone's First Amendment rights are being infringed, they are MSNBC's."As the hour of the debate neared, MSNBC hyped the event. The... (Fresno Bee -- Opinion)
Page Mill Properties sues East Palo Alto over rent control ordinance Jan 18, 2008
"The court agreed that we stated a legitimate cause of action and ordered an expedited process for reaching a conclusion on the merits of our case, so we are very pleased with this outcome," said Chris Griffith, a Page Mill attorney with Ellman Burke Hoffman & Johnson. Related Industry News. (San Jose Business Journal)
Supreme Court Wisdom Prevails in Stoneridge Case Jan 17, 2008
The justices reasoning was simple: Congress had not only omitted aiding and abetting liability throughout the securities laws; it had specifically rejected a suggestion by the SEC that such a cause of action be enacted. Government enforcement was Congress s preferred policy; private suits, the Court deduced, should be limited to situations where the secondary actors made misrepresentations that investors could prove they relied on and that caused them harm. (Human Events Online)
High Court's 'Stoneridge' Ruling a Win for Business Defendants Jan 16, 2008
Stevens criticized the majority's "mistaken hostility towards the 10(b) private cause of action." He invoked the old common law rule that "every wrong shall have a remedy" and even cited a 1980 decision by the 2nd U.S. Circuit Court of Appeals, Leist v. Simplot, written by Judge Henry Friendly during the year that Roberts, now chief justice, clerked for Friendly. In that decision, Friendly reviewed the history of implied causes of action in securities and other laws. (Law.com)
