Between the Lines Blog

Securities Litigation Results in Win for Broker and Clarifies Law in the Eighth Circuit
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation, Securities
Through an investment bank (acting as broker), clients invested in Reverse Convertible Notes (RCNs). RCNs are a complex “structured financial product” that is sometimes championed as a high-yield, short-term investment promising above-market interest payments but is nonetheless viewed as “perhaps…
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COVID-19 Lawsuits: Current Trends and What We Can Expect
Category: Banking & Finance, Class Action, Coronavirus (COVID-19), Litigation
In the less than two-month period since the first confirmed case of COVID-19 was reported in the United States, courts at both the state and federal levels have seen a steady rise in the number of COVID-19 lawsuits filed. The first of these lawsuits was filed on March 9, by a couple quarantined on…
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Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of the problem was that those claims had been consolidated in this…
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How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation
A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount in controversy in the case could plausibly top $5 million, thus crossing…
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