Legal Opinion
N. Sound Capital LLC v. Merck & Co.
District Court, D. New Jersey
Decided May 15, 2018No. 3:13–cv–7240 (FLW) (DEA); 3:13–cv–7241 (FLW) (DEA); 3:14–cv–242 (FLW) (DEA); 3:14–cv–241 (FLW) (DEA)PublishedCited by 2 opinions
1Opinion of the Court
WOLFSON, United States District Judge:
This case concerns the preclusive scope of Title I of the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), which bars plaintiffs in a "covered class action" from asserting state law claims alleging "a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered security." 15 U.S.C. § 78bb(f)(1)(A). SLUSA's definition of a "covered class action" reaches "any group of lawsuits filed in or pending in the same court and involving common questions of law or fact, in which ... damages are sought on behalf…
2Cases cited56 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
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3Cited by2 opinions
- North Sound Capital LLC v. Merck & Co IncCourt of Appeals for the Third Circuit · 2019
- Highfields Capital I, LP v. Seaworld Entm't, Inc.District Court, S.D. California · 2019