The answer is “yes” . . .

. . . to the question imPaneled posed to its readers yesterday, i.e., “is imPaneled a blog of its word?”  The “word” was that there would be a post today.  Now there’s a post today.

As imPaneled is staffed entirely by attorneys, it crossed our minds that we might add nothing more and still celebrate having posted.  But implicit in yesterday’s promise was something of a representation that today’s post would actually include substance.  And the complex litigation community bounced back from a lackluster week to give us real substance yesterday.  To wit:

  • Boies Schiller and Cohen Milstein are contesting leadership in the Blue Cross antitrust action in the N.D. Ala.  Boies Schiller shrewdly added two local firms to its proposal, and further offered a generous helping of lodestar from their friends at Hausfeld.
  • Four firms–Abraham Fruchter, Bernstein Liebhard, Robbins Geller and the Rosen Law Firm–gave notice of their intention to seek lead status in the Lone Pine Resources case pending in the S.D.N.Y.
  • Fannie Mae previewed what is likely to be a bruising battle over whether the Panel should transfer and consolidate the many cases comprising MDL 2388, the Mortgage Lender Force-Placed Insurance Litigation.

More to come tomorrow, and to all the complex litigators out there–keep up both the production and the conflict.

Advertisements

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.

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.

  • 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.

  • Post categories

  • Archives

  • Enter your e-mail address to follow imPaneled and receive notifications of new posts by email.

  • Obligatory disclaimer

    The information on this web site is not legal advice, and neither the posts nor the comments reflect the opinions of Berger & Montague, P.C., or any of its clients. If you communicate with Berger & Montague through this site or otherwise as to a matter in which the firm does not represent you, your communication may not be treated as privileged or confidential.
  • Advertisements