In the News

Does Delaware law preclude mandatory arbitration of federal securities claims?

From Reuters: 11/8/2018.

"Shareholder rights activists, meantime, are preemptively arguing that mandatory shareholder arbitration is illegal. The consumer advocacy group Secure Our Savings, for instance, has just released a white paper in which 21 of the most eminent securities law professors in the country contend that Delaware law does not allow corporations to frog-march shareholders into arbitration of their claims under federal securities law."

Google Overhauls Sexual Misconduct Policy After Employee Walkout

From the New York Times: 11/8/2018.

"Google said on Thursday that it would end its practice of forced arbitration for claims of sexual harassment or assault after more than 20,000 employees staged a walkout last week to protest how the internet company handles cases of sexual misconduct."

Read the full article here.

North Carolina Green Beret fighting cancer, government, over medical mistake

From FOX 46 Charlotte: 11/5/2018.

"But the case is unlikely to make it to trial. That's because under a 1950 Supreme Court decision, called the "Feres Doctrine," active duty military are prevented from suing the government for injuries incidental to military service. If Stayskal was a civilian he would have the right to sue for medical malpractice. Because he was active duty, he can't."

Losing Laura

From the Boston Globe: 11/3/2018.

"My wife, Laura Levis, did everything she could to save herself when the asthma attack began. She went to Somerville Hospital and called 911, too. How could she have been left to die just outside the emergency room?"

Read the full article here.

US steps up scrutiny of funds for asbestos exposure victims

From the Associated Press: 10/31/2018.

"But plaintiffs’ lawyers and asbestos victims’ advocates say there’s scant proof of widespread fraud, particularly for a system that has accommodated millions of claims."

Read the full article here.

Texas leads in penalized nursing homes

From the San Antonio Express-News: 10/11/2018.

"Lawsuits against nursing homes are down because Texans have been stripped of legal rights. Yet Texas is second in the nation for serious deficiencies per nursing home."

Read the full article here.

Will Shareholders Lose the Right to Sue Over Corporate Fraud?

From The Intercept: 08/21/2018.

"It won’t be pretty for investors who are victims of corporate fraud if mandatory arbitration begins to take hold", Kelleher said. “The rap sheet on corporate America makes Al Capone look like an unsuccessful street corner mugger.” Take away investors’ right to sue, he said, and it will be “open season” for companies to bend or break the law."

Read the full article here.

Brooks: Troops face threats at home

From the Fayetteville Observer: 06/02/2018.

"The AAJ’s “Fighting for Those Who Fight For Us: Protecting the Rights of Servicemembers and Veterans” highlights the medical and financial threats facing troops in their own backyards."

Read the full article here.

If The SEC Guts Fraud Protections For Shareholders, More Than Our Retirement Savings Are At Risk

From Forbes: 05/31/2018.

"And that’s what alarms consumer advocates, since Democrat and Republican SEC chairs alike have traditionally held that forced arbitration violates securities law. Stripping these protections from shareholders could put retirement savings at the mercy of bad financial actors – something downplayed by even some of the business press."

Shareholders may lose their ability to sue a company if it defrauds them

From Yahoo Finance: 05/01/2018.

"A long-standing tradition of not allowing forced arbitration clauses in IPO agreements could come to an end, a move that would strip investors of their rights to sue as a group when defrauded."

Read the full article here.


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