North Sound Capital LLC v. Merck & Co., Inc.
on

By David C. Franceski, Jr.

In order to preclude later-filed opt-out claims related to a settled class action as “proceed[ing]” in a single,

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Fan v. StoneMor Partners LP
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By David C. Franceski, Jr.

The use of equity proceeds from future investors to pay down borrowings used for distributions to current investors of “pre-need” revenue from burial service sales otherwise tied up in state-mandated trusts is not federal securities fraud,

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Evans v. ZB, N.A., dba California Bank & Trust
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By Ben Suter

The District Court’s order dismissing the Complaint is reversed because Plaintiff’s alleged sufficient factual matter to support some,

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Fresno County Employees’ Retirement Association v. Isaacson/Weaver Family Trust
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By Noah D. Sorkin

Plaintiffs’ class counsel is entitled to compensation from a common settlement fund, even where underlying action was brought pursuant to a fee-shifting statute.

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Ginzkey v. National Securities Corp.
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By Ben Suter

A Motion to Dismiss the Complaint for failure to state a claim upon which relief may be granted is denied,

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Walfish v. Northwestern Mutual Life Insurance Company
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By David C. Franceski, Jr.

A “special agent” of a “general agent” selling insurance pursuant to an express independent contractor agreement satisfies New Jersey’s “ABC” test of independent contractor status,

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