Co-co-co-leads appointed in MDL 2275

To the surprise of no one, the Panel assigned to Judge Scheindlin the procedural morass that is MDL 2275, In Re: Gerova Financial Group, Ltd., Securities Litigation.  The Rosen Law Firm won the race to the courthouse, filing state and federal claims in the E.D.N.Y. on behalf of a class of private investors subsequently deemed the “Stillwater Investors.”  Kaplan Fox and Murray Frank later filed only state claims for the same class in the S.D.N.Y.  Much motion practice followed, resulting in the appointment of Kaplan Fox and Murray Frank as co-leads in the S.D.N.Y. only, and as to the state claims only.

Meanwhile, Pomrerantz Haudek filed the first complaint on behalf of “Open Market Investors” in the S.D.N.Y., followed by Harwood Feffer and Spector Roseman (the latter on behalf of a “Warrant Subclass”).  The Rosen Law Firm moved for control of all the cases, while Pomerantz Haudek (then joined by Wohl & Fruchter) and others pressed for the maintenance of separate leads for separate groups.  After Harwood Feffer and Spector Roseman backed off, Judge Scheindlin appointed Pomerantz Haudek and Wohl & Fruchter as co-leads for the Open Market Investors.  Kaplan Fox and Murray Frank remain co-leads for the Stillwater Investors as to their state claims.  All involved expect The Rosen Law Firm to be appointed lead counsel for the Stillwater Investors only as to their federal claims.

Got all that?  I didn’t, until Lee Albert of Murray Frank graciously clarified it for me.  Let’s hope Her Honor is able to coordinate and consolidate all of this for the convenience of the parties and witnesses and promote the just and efficient conduct of all of the actions.

Back to square one

Last week added a new chapter to the saga of Michael Warner, whose counsel at Robbins Geller filed the initial complaint in Warner v. Perrigo Co., No. 09-cv-02255 (S.D.N.Y.) (Griesa, J.).  Glancy Binkow and Pomerantz Haudek in short order added to the docket institutional investors who had purchased their shares on the Tel Aviv exchange.  Robbins Geller withdrew its lead counsel motion, and stipulated to an order appointing the other firms as co-lead counsel.

While defendants’ initial 12(b)(6) motion was pending, the Supreme Court issued its opinion in Morrison.  After defendants failed to alert the Court as to that development, the Court issued an opinion that failed to account for it.  Defendants filed another 12(b)(6) motion that relied primarily on Morrison.  Seeing the writing on the wall, Glancy Binkow and Pomerantz Haudek moved to add a domestic plaintiff, and Robbins Geller renewed its motion as to Mr. Warner.  Late last week, Judge Griesa dismissed the claims of the foreign lead plaintiffs, allowed the new domestic plaintiff to intervene, and deferred his appointment of  a new lead plaintiff.  The order is here.  The docket is here.  More news will surely follow.

Know when to hold ’em . . .

Yes, the recent lead counsel news is heavy on securities.  When the rest of the class action bar inevitably resumes its infighting, imPaneled will reflect that.  In the meantime, more securities news.  Berman DeValerio landed the opening salvo in City of Brockton Retirement System v. Avon Products, Inc., No. 1:11-cv-04665 (S.D.N.Y.) (Gardephe, J.).  Wolf Popper and Motley Rice followed suit, the latter with the largest financial interest–by far.  Late last week, the court entered a stipulated order appointing Motley Rice as lead counsel, the others to the Executive Committee.  The docket is here.

Hot off the press

Two weeks ago, Judge Scheindlin of the S.D.N.Y. entered Kessler Topaz’s proposed order appointing that firm as lead counsel in In re: Longtop Financial Technologies Limited Securities Litigation.  Earlier today, she entered an opinion explaining herself at some length.  Three of the other five contenders–represented by Berman DeValerio, Robbins Geller and Kaplan Fox–earlier effectively conceded defeat based on their clients’ relatively small financial interests in the case.  Another contender, represented by Curtis Trinko and Saxena White, withdrew its motion and threw its support to Kessler Topaz. The Rosen Law Firm and Wohl & Fruchter fought to the bitter end on behalf of their common clients.  Judge Scheindlin’s opinion is here.  The docket is here.

David bests Goliath

Magistrate Judge Pollak of the E.D.N.Y. in late August issued a most thoughtful opinion in Bensley v. Falconstor Software, Inc., appointing “William Burns as Lead Plaintiff and the Rosen Law Firm as Class Counsel,” and denying  Robbins Geller’s motion to appoint its institutional client.  More recently, Judge Korman “rejected the objections filed by” Robbins Geller.  M.J. Pollak’s opinion is here.  The docket is here.

Ready to report on the rumbles

We’re playing catch-up as to all the lead counsel news that has accumulated in recent weeks, so there’s plenty to report.  We’ll start with the Southern District of Florida, where three competing motions are pending in a securities action against Jiangbo Pharmaceuticals.  Faruqi & Faruqi, the Rosen Law Firm and a Milberg/Wohl & Fruchter consortium are the respective protagonists.  The docket is here.

Bells and whistles

imPaneled now includes one or more tags for each post (with the ironic exception of this post).  Every MDL proceeding and every firm will have its own tag.  More tags will appear in the future, and more news will appear in the immediate future.

  • About the blogmaster

    Bart Cohen is the principal of the Law Office of Bart D. Cohen, where he represents his clients in class actions and other complex litigation, and Winning Briefs, where he polishes, edits and drafts written work product for overextended lawyers.

    His unnatural appetites for rules and research of all kinds have made him an expert on proceedings before the Judicial Panel on Multidistrict Litigation. He feeds those appetites and chronicles the battles to land lead counsel appointments that are fought in part before the Panel on imPaneled.

    You can contact Bart here or connect with him here.

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