Securities Arbitration Overview
SAC Blog About SAC
Press Kit Contact Us
 
SAC's ONLINE LITIGATION ALERT: 2019-16 (04/22/2019)
      GLOBAL LINKS
VIEW FULL ALERT  

Login: Click here or a decision below — view full summaries, decisions and more

Not A Subscriber? Click to Get a Free Trial

     


U.S. Supreme Court

• Case Dismissed: Emulex Corporation vs. Varjabedian ▶
Dkt. No. 18-459 (U.S. Sup. Ct., 4/23/19)


Read More


Arbitration

• Trustee in the Ch. 7 Bankruptcy Case of John Melchior vs. New York Life Insurance Co. ▶
No. 17-CV-6951 (S.D. N.Y., 2/15/19)

Age discrimination claim is arbitrable under broad arbitration clause in employment agreement; age discrimination claims dismissed as time-barred.
Read More

• Morse vs. Fisher Asset Management, LLC ▶
No. 1104 WDA 2018, 2019 Pa. Super. 78 (Pa. Super. Ct., 3/15/19)

*The filing of an action later dismissed on preliminary objections in favor of arbitration does not toll applicable statutes of limitation beyond the date of dismissal. **JAMS Rule 18 empowers an arbitrator to dismiss on statute of limitations grounds. ***In the absence of disputed issues of fact on timeliness, an arbitrator does not exceed powers or engage in irregular conduct by dismissing without a hearing on limitations grounds.
Read More


Business & Employment

• Kaplan & Kaplan vs. Conway & Conway ▶
No. 158060/2017 (N.Y. Sup. Ct., NY Cty., 9/4/18)

To establish causation in a malpractice claim, a client must show that s/he would not have incurred any damages but for the lawyer’s negligence.
Read More


Class Actions

• Singh vs. Cigna Corporation ▶
No. 17-3484-cv, U.S. App. LEXIS 6637 (2nd Cir., 3/5/19)

General statements about reputation, integrity and compliance with ethical norms are inactionable “puffery” for the purposes of a securities fraud claim.
Read More

• Paradise Wire & Cable Defined Ben. Pension Plan vs. Weil ▶
No. 18-1483, 918 F.3d 312 (4th Cir., 3/11/19)

The Court holds that the shareholder plaintiffs failed to allege that a proxy statement issued by defendants contained materially false and misleading statements or omissions, and affirms the district court’s order granting the defendant’s motion to dismiss.
Read More

• Hsu vs. UBS Financial Services, Inc. ▶
No. C 11-02076 (N.D. Cal., 3/21/19)

Investor with both brokerage and investment advisory claims against defendant gets to pursue the brokerage claims in FINRA arbitration and save his investment advisory claims for court.
Read More


Regulatory

• SEC vs. Boock ▶
No. 18-1321 (10th Cir., 2/11/19)

Whereas the standard of review on the issue of void judgments under FRCP 60(b)(4) is de novo, when it comes to overturning a district court's denial of reconsideration, the standard is a much higher “manifest abuse of discretion.”
Read More


Securities Customers

• Almond vs. Edward D. Jones & Co., L.P. ▶
No. 5:18-cv-00046 (W.D. Va., 3/28/19)

State and federal securities law claims and common law claims time-barred under applicable statutes of limitation and statutes of repose.
Read More



BOARD OF CONTRIBUTING LEGAL EDITORS

Richard P. Ryder
Editor-in-Chief, SLC

Senior Contributing Editors:          

Jack D. Ballard
Ballard & Littlefield, LLP
Houston, TX


Christopher G. Lazarini
Bass Berry & Sims PLC
Memphis, TN

    Paul J. Dubow
Arbitrator • Mediator
San Francisco, CA


Jeremy A. Root
Stinson Leonard Street LLP
Jefferson City, MO
    Jill I. Gross
Elisabeth Haub School of Law
Pace University
White Plains, NY

Ben Suter
Keesal Young & Logan
San Francisco, CA



Contributing Editors:

David C. Franceski, Jr.
Stradley Ronon
Stevens & Young LLP
Philadelphia, PA

Noah D. Sorkin
Capital Forensics, Inc.
New York, NY
    James L. Komie
Howard & Howard
Chicago, IL


Burton W. Wiand
Wiand Guerra King PL
Tampa, FL



NOTICE: The publisher accepts full responsibility for the summaries presented in this publication and for any views expressed therein. Our Contributing Editors and any law firm or organization with which the Contributing Editors may be affiliated bear no responsibility for the contents of this publication. Moreover, by summarizing a particular decision, a Contributing Editor does not necessarily endorse the holding. To the extent comments or opinions are expressed herein by any editor, such comments or opinions are not necessarily the views of other Contributing Editors or the law firm or organization with which they may be affiliated. Editorial comments and analysis are designed to stimulate thought and convey information of value; they are not intended as, nor do they constitute, legal advice. The decisions summarized herein should not be viewed as authoritative precedent without proper citechecking and adherence to local court rules.
COPYRIGHT 2019,
SECURITIES LITIGATION COMMENTATOR, INC. (PUBLISHER)
MAIL TO: P.O. BOX 112, MAPLEWOOD, NJ 07040
MAIN OFFICE: 93 RIGGS PLACE, SOUTH ORANGE, NJ 07079
T: 973-761-5880 • F: 973-761-1504 • HELP@SACARBITRATION.COM

FOR MORE INFORMATION ABOUT SAC/SLC’S OTHER PRODUCTS
AND SERVICES, PLEASE VISIT OUR WEBSITE:
HTTP://WWW.SACARBITRATION.COM.

Preferred Subscription: 48 Interactive Litigation Alerts (SLAs),
$895 annually.

Send any messages that you intend for SLC’s eyes only to:
RRyder@sacarbitration.com
Send any messages submitted for re-broadcast to:
Help@sacarbitration.com


AVAILABLE ON LEXIS: The individual case summaries comprising SLA (from the inception of publication in late 2000 through the present [and going forward]) are available as part of the LexisNexis (“LN”) research database. SLA content can easily be found and searched by using the LN “Find A Source” function (separate LN charges for access to LN and LN research apply).

      SOLA ARCHIVES  
  SOLA ARTICLES  
  CONTACT US  
  SACARBITRATION.COM  
   
      WEEKLY ANNOUNCEMENT
   

LIT ALERT ALERT:

This publication is distributed early in the week each week, usually on Wednesdays. When we schedule a week off and there will be no Lit Alert, we note that in the Alert the week before. We try in a variety of ways to ensure that each of our subscribers gets his/her copy of this e-mail message each week (48 annually) and we also follow up with additional inquiries when we receive undeliverable messages. Still, glitches happen and, so, we ask subscribers to be on the “alert” too. Please let us know if, in the future, you do not receive the Lit Alert and think you should have. Simply contact SAC at help@sacarbitration.com or 973-761-5880 and we will confirm that your subscription is up to date and that we have your current e-mail address – and we will work to find the source of any problem.

   
   
TRY ARBCHEK  
   
ARBchek is the most powerful search tool available for compiling an Aribitrator’s Award history. Save time with easy to read Award Summary Reports.
VIEW THE DEMO  
TRY ARBCHEK LITE  
   
   
VIEW UPDATE ARBCHEK
   
Free summaries of just released Awards, hot off the press 
   
   
PowerSearch SAC's Award/Court Decision Databases to Win your Case!
SAC can topic search all elements of our Databases to customize a search based on your parameters and specifications.

Click to View Sample Searches!

Call us at 973.761.5880 or email searches@sacarbitration.com for a FREE estimate.
   
   
Abritrator Comparison Report (ACR)
   
Check out the new customized report from ARBchek, the ACR (click links below to view samples):

The Report links to:
  • ARBchek Award Summaries

  • PDF of Award

To order an ACR email: searches@sacarbitration.com
or call 973.761.5880
   
   
Need a Copy of an Award?
   
FREE AWARDs!
To access a free PDF copy of any Award among the 50,000-plus Awards in SAC's Library go to www.ARBchek.com and enter the Docket Number in the Search field:



ARBchek uses the most comprehensive collection of Securities Arbitration Awards available from across ALL securities forums.
   
   
Securities Arbitration Commentator Newsletter & Alert
   
The Commentator monitors the entire field of activity affecting securities arbitration - from legislative and regulatory developments to the latest tactical techniques drawn from actual arbitration awards and case law.

Click to view a sample article!

To request a free trial or order a subscription email: help@sacarbitration.com
   
   
SEARCH BACK ISSUES SLC
   
Search all past Securities Litigation Alerts! Summaries related to thousands of broker-dealer court decisions published in the Securities Litigation Commentator since 2000. This search facility is maintained for use by the public and as a free accommodation for SLC subscribers.