Elliot Morrison

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Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo

By Elliot Morrison on July 19, 2016 Posted in Consumer Class Action

In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing. Consistent with the scope of the Court’s holding, described in Parts I and II of our coverage … Continue Reading

The Sixth Circuit Expands American Pipe Tolling

By Elliot Morrison on July 13, 2015 Posted in Rule 23(b)(2) Class Actions

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). Dukes and Phipps both involved allegations of … Continue Reading

Supreme Court to Review Sixth Circuit’s Reinstatement of ERISA “Stock-Drop” Class Action

By Elliot Morrison and Patrick T. Lewis on December 30, 2013 Posted in Class Action Trends, ERISA, Rule 12 Motions to Dismiss, Securities

The Supreme Court recently agreed to resolve a circuit split on the pleading requirements for claims that ERISA fiduciaries imprudently invested employee stock ownership plan (ESOP) assets in the stock of the employer—so-called “stock-drop” cases. Under the “Moench presumption,” named after Moench v. Robertson, 62 F.3d 553 (3d Cir. 1995), courts presume that investments of … Continue Reading