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.

  • 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.

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