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Antitrust Unpacked Blog

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Second Circuit Vacates And Remands Dismissal Of Exchange Act Claims Against Food Manufacturer, Holding The District Court Erred In Its Interpretation Of Exchange Act Claim Requirements

USA - December 21 2021 On December 17, 2021, the Court of Appeals for the Second Circuit unanimously vacated and remanded for reconsideration the dismissal by the United…

Central District Of California Dismisses With Prejudice Putative Class Action Against Canadian Cannabis Manufacturer

USA - December 21 2021 On December 8, 2021, Judge Philip S. Gutierrez of the U.S. District Court for the Central District of California dismissed, with prejudice, a suit…

Northern District Of California Grants Motion To Dismiss With Prejudice Securities Act Claims Against Technology Company, Holding Plaintiffs Failed To Adequately Plead Misleading Disclosures In Company’s Registration Statement Related To Merger

USA - December 21 2021 On December 14, 2021, Judge Beth Labson Freeman of the Northern District of California granted a motion to dismiss claims brought under Sections 11…

Presumption Of Reliance And Grants Motion For Class Certification For Third Time

USA - December 21 2021 On December 8, 2021, Judge Paul A. Crotty of the United States District Court for Southern District of New York granted a motion for class…

Central District Of California Denies In Substantial Part Motion To Dismiss Putative Class Action Suit Against Electric Vehicle Manufacturer

USA - December 21 2021 On December 2, 2021, Judge Cormac J. Carney of the United Stated District Court for the Central District of California denied, in substantial part, a…

Southern District Of Florida Dismisses Putative Class Action Against Cruise Line Related To Statements Regarding COVID-19 Risks And Precautionary Measures

USA - June 8 2021 On May 28, 2021, Judge K. Michael Moore of the United States District Court for the Southern District of Florida granted a motion to dismiss a…

District Of Maryland Denies Motion To Dismiss Securities Fraud Claims Against Sports Apparel Company, Finding Plaintiffs Adequately Pled Material Misstatements And Scienter In Light Of SEC Order In Parallel Proceeding

USA - May 26 2021 On May 19, 2021, the United States District Court for the District of Maryland denied a motion to dismiss a putative securities class action…

District Of New Jersey Holds Omnicare Applies To Exchange Act Claims Based On Alleged Omissions But Dismisses Claims Against Canadian Cannabis Producer Related To Inventory Surplus For Failure To Allege Scienter

Canada, USA - May 18 2021 On May 6, 2021, Judge Kevin McNulty of the United States District Court for the District of New Jersey granted a motion to dismiss a putative…

M&A and Corporate Governance Litigation

USA - April 6 2021 On March 29, 2021, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery granted defendants’ motion for judgment on the pleadings in a…

Fourth Circuit Panel Reaffirms State Immunity From Sherman Antitrust Liability

USA - February 3 2021 On January 19, 2021, the United States Court of Appeals for the Fourth Circuit affirmed the dismissal of claims brought by Western Star Hospital…