First Class Defense

Authors: Mark B. Rosen

Current Affairs First Circuit Decisions Securities Class Actions

First Circuit Affirms Tough Standard for Alleging Securities Fraud; Revives One Claim Against Local Drug Maker

November 30, 2016 / February 26, 2019 by Mark Rosen

On November 28, 2016, the First Circuit upheld the dismissal of all but one of the class action securities fraud claims against Cambridge, MA drug company, ARIAD Pharmaceuticals, Inc., reaffirming the exacting pleading standards that enable defendants to put an early end to reflexive stock-drop lawsuits. In doing so, the First Circuit also adopted strict […]

Class Certifications Current Affairs Supreme Court

OMNICARE: Supreme Court Clarifies Whether Statements of Opinion by Companies and their Executives are Actionable under the Federal Securities Laws

March 27, 2015 / February 26, 2019 by mindgrub

This week the Supreme Court resolved a split among federal appellate courts over whether a statement of opinion in a company’s registration statement can be actionable under Section 11 of the Securities Act of 1933 if the speaker actually holds the stated opinion. The high court ruled that such opinions are not actionable as an “untrue statement of material fact” simply because they turn out to be wrong. But, taking another “midway position” on a divisive issue of securities class action litigation, the court left the door open...

Class Certifications Supreme Court

The Supreme Court Upholds the Basic Presumption in Securities Litigation but Gives Defendants a Chance for a Win at Class Certification

June 23, 2014 / February 26, 2019 by mindgrub

Earlier this spring, in our post titled, The Supreme Court Ponders the Future of the Basic Presumption in Securities Litigation, we reported on the oral arguments before the Supreme Court in...

First Circuit Decisions

Massachusetts Retirement Systems v. CVS Caremark: Reviving a Shareholder Suit, First Circuit Weighs In On Corrective Disclosures and Loss Causation in Securities Fraud Class Actions

May 30, 2013 / February 26, 2019 by mindgrub

In Mass. Ret. Sys. v. CVS Caremark Corp., the First Circuit recently revived a shareholder securities fraud class action stemming from the 2006 merger of retail pharmacy chain, CVS, and pres...

Class Action Settlements Class Certifications

High Court Strikes a Blow to Securities-Fraud Defendants Opposing Class Certification

March 5, 2013 / February 26, 2019 by mindgrub

In a watershed moment for class action securities litigation, last Wednesday the Supreme Court issued its opinion in Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, making it ea...

Pierce Atwood is pleased to present this class action blog with a focus on decisions of the state and federal courts within the boundaries of the First Circuit. With decades of national class action experience and offices in every First Circuit state, our goal is to serve as a primary resource for companies that face class litigation in Massachusetts, Maine, New Hampshire and Rhode Island, as well as to provide timely information about significant class action developments, strategies and trends on a national level.

Pierce Atwood’s Class Action Defense team has also started tracking filings and decisions in state and federal courts within the boundaries of the First Circuit in New England.

View our New England and First Circuit Class Action Tracker on our firm website.