Archive for November, 2007
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Proving Fraud on the Market in the Fifth Circuit
Tuesday, November 13th, 2007
Hamilton Lindley1
The Fifth Circuit recently issued two rulings concerning class certification in securities class actions.2 Both cases involved Basic Inc. v. Levinson’s fraud-on-the-market (FOM) presumption. These rulings will fundamentally change how securities fraud class actions are certified. In Basic the Supreme Court adopted the FOM theory for securities fraud class actions.3 By FOM, plaintiffs obtain [...]
References: Essays, Securities Law
I Didn’t Mean to Fire You Because You’re Old: Recognition of Disparate Impact Age Discrimination
Tuesday, November 13th, 2007
Bridget M. Fuselier1
Imagine the average juror who has been assigned to a jury panel for a case labeled as an employment discrimination lawsuit. The potential juror assumes it is going to be some claim of racial discrimination or sex discrimination. The person is thinking that it is likely that they will not be able to [...]
References: Essays, Labor and Employment Law
Texas Business Organizations Code and Insurance Companies
Tuesday, November 13th, 2007
Article first published in Fed’n Reg. Couns., Inc. Q.J. Ins. L. & Reg, Mar. 2007.
David D. Knoll
Forrest C. Roan
Paige Ingram Castañeda1
In Texas, insurance companies have always been organized under various provisions of the Texas Insurance Code. Property and casualty insurance companies are organized under what used to be called “Chapter 2″ of the Insurance Code, [...]
References: Business Organizations, Essays, Insurance Law