United States: Litigation, Mediation & Arbitration

The Ninth Circuit recently reversed in part dismissal in a putative securities fraud class action alleging that a toy manufacturer and two of its officers misrepresented the status of its inventory management, distribution capabilities, and IT system use.

The U.S. Court of Appeals for the Fifth Circuit has reinforced defendants' ability to dismiss consumer class actions early by requiring plaintiffs to demonstrate concrete economic harm rather than speculative overcharge theories. In Monahan v. Southwest Airlines, the court held that hypothetical price inflation claims without plausible real-world economic loss fail to satisfy Article III standing requirements...

Contractual indemnification claims arising out of an underlying third-party tort or contract claim are a recurring business risk for entities that are parties to commercial contracts.