Tuesday, March 26, 2013

Seventh Circuit -- City of Livonia Employees' Ret v. Boeing Company

Securities - 10(b) pleading doesn't state a claim when the only source for the claim denies everything when deposed by deft's attorneys.

Earlier dismissal (without prejudice) cures procedural fault in second dismissal (with prejudice).

Remand for Rule 11 sanctions determination despite lack of sanctions in initial decision.  PLSRA mandate that the judge consider sanctions means that an implicit denial of sanctions is appealable.

City of Livonia Employees' Ret v.   Boeing Company
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.