Legal Opinion

Blaz v. Belfer

Court of Appeals for the Fifth Circuit

Decided April 22, 2004No. 03-20575PublishedCited by 27 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is the claimed impermissible retrospective application of the Securities Litigation Uniform Standards Act, Pub.L. No. 105-353,112 Stat. 3227 (1998) (codified as amended at 15 U.S.C. §§ 77p & 78bb)(SLUSA), which provides for the removal and dismissal of certain state law securities class actions. Jacob Blaz challenges SLUSA’s application to his putative state law securities class action arising out of pre-enactment conduct. The application is permitted because SLUSA governs only secondary conduct — procedural requirements for filing certain state…

2Cases cited10 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Hughes Aircraft Co. v. United States Ex Rel. SchumerSupreme Court of the United States · 1997
  3. Frew Ex Rel. Frew v. HawkinsSupreme Court of the United States · 2004
  4. Southwestern Refining Co., Inc. v. BernalTexas Supreme Court · 2000
  5. Jeneva Frazar, Etc., Linda Frew, as Next Friend of Her Minor Child, Carla Frew Maria Ayala, as Next Friend of Her Minor Children, Christopher Arizola, Leonard Jimenez and Joseph Veliz Mary Fisher, as Next Friend of Her Minor Child, Tyrone T. Edwards Mary Jane Garza, as Next Friend of Her Minor Children, Hilary Garza and Sarah Renea Garza v. Don Gilbert, Etc., Don Gilbert, Commissioner of the Texas Health and Human Services Commission in His Official Capacity Linda Wertz, Texas State Medicaid Director Bridgett Cook, Employee of Texas Department of Health in Official Capacity Susan Penfield, M.D., Employee of the Texas Department of Health in Official Capacity Eduardo Sanchez, M.D., Texas Commissioner of Health, Jeneva Frazar, Etc., Linda Frew, as Next Friend of Her Minor Child, Carla Frew Carla Frew Maria Ayala, as Next Friend of Her Minor Children, Christopher Arizola, Leonard Jimenez and Joseph Veliz Mary Fisher, as Next Friend of Her Minor Child, Tyrone T. Edwards Mary Jane Garza, as Next Friend of Her Minor Children, Hilary Garza and Sarah Renea Garza Charlotte Garvin, as Next Friend of Her Minor Children Johnny Martinez, Brooklyn Garvin and Bre-Anna Garvin Shannon Garcia, as Next Friend of Her Minor Children, Andrew Garcia, Marisha Garcia, Stephen Sanchez and Allison Sanchez v. Richard Ladd, Etc., Linda Wertz, Texas State Medicaid Director Bridgett Cook, Employee of Texas Department of Health in Official Capacity Susan Penfield, M.D., Employee of the Texas Department of Health in Official Capacity Don Gilbert, Texas Commissioner of Health and Human Services Eduardo Sanchez, M.D., Texas Commissioner of HealthCourt of Appeals for the Fifth Circuit · 2002

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3Cited by27 opinions

  1. Discover Bank v. Superior CourtCalifornia Supreme Court · 2005
  2. D.R. Horton, Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 2013
  3. DeKalb County Pension Fund v. Transocean Ltd.Court of Appeals for the Second Circuit · 2016
  4. Jeffrey Reed v. Florida Metro University, Inc., etCourt of Appeals for the Fifth Circuit · 2012
  5. Strand v. US NATL. BANK NATL. ASS'N NDNorth Dakota Supreme Court · 2005

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