Jason F. Clouser

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The US Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision to grant defendant-appellee TRW Vehicle Safety Systems, Inc.’s (TRW) motion to compel arbitration, finding that TRW retirees were bound by an arbitration provision in a collective bargaining agreement (CBA) negotiated prior to their retirement. The lower court had held that plaintiffs Norman VanPamel and Thomas Slaght, former employees of TRW suing on behalf of a putative class, were required to arbitrate contract and Employee Retirement Income Security Act (ERISA) claims challenging changes TRW made to prescription drug benefits in their retiree health plans.
Continue Reading Sixth Circuit Affirms Decision to Enforce Arbitration Provision in Retiree Benefit Dispute

The US Court of Appeals for the Third Circuit recently reversed a district court’s decision to exclude expert testimony in a case involving allegations of securities fraud. The court distinguished the loss causation and damages analyses applicable in the Third Circuit to a “typical” § 10(b) case from those which are applicable to a “non-typical” § 10(b) case, and found that the district court improperly applied the more stringent “typical” § 10(b) analysis in finding the expert’s report unreliable under Federal Rule of Evidence 702.
Continue Reading Third Circuit Holds that District Court Improperly Excluded Expert Testimony in Securities Fraud Case

The US Supreme Court affirmed a ruling by the US Court of Appeals for the Third Circuit upholding an arbitrator’s decision that a contract provided for class arbitration. The Court held that where parties consent to arbitrate an issue, neither party can challenge an arbitrator’s decision on fact or law if the arbitrator made a good-faith effort to interpret the contract. 
Continue Reading US Supreme Court Defers to Arbitrator’s Decision to Allow Class Arbitration in Healthcare Action

The Delaware Court of Chancery recently determined that the appropriate remedy for a corporation’s failure to comply with court orders to hold a long overdue stockholders’ meeting was to appoint a receiver with authority to ensure that a meeting occurred.
Continue Reading Delaware Court of Chancery Appoints Receiver to Ensure Stockholders’ Meeting