District Court Holds “Local Controversy Exception” Applies and Remands Case Back to State Court

Rhodes v. Kroger Co. 2015 WL 5006070 (E.D. Ark., 2015) An Arkansas district court reluctantly remanded a putative class action back to state court based on the “local controversy exception” to the CAFA. Plaintiffs’ complaint alleged that “significant relief” was sought from the defendants’ local district managers, and the district managers’ alleged conduct formed a “significant basis for the claims asserted by the proposed plaintiff class.” The court held remand was necessary after analyzing only the allegations contained in Plaintiffs’ complaint. View Full Post
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Who is Winning the Securities Class Action War—Plaintiffs or Defendants?

By | D&O Discourse | May 1, 2017
The securities class action war is about far more than the height of the pleading hurdles plaintiffs must clear, the scorecard of motions to dismiss won and lost, or median settlement amounts.  It is a fight for strategic positioning—about achieving a system of securities litigation that sets up one side or the other to win more cases over the long term.  View Full Post
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Who is Winning the Securities Class Action War—Plaintiffs or Defendants?

By | D&O Discourse | May 1, 2017
The securities class action war is about far more than the height of the pleading hurdles plaintiffs must clear, the scorecard of motions to dismiss won and lost, or median settlement amounts.  It is a fight for strategic positioning—about achieving a system of securities litigation that sets up one side or the other to win more cases over the long term.  View Full Post
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