On January 31, 2019, Defendants filed a Petition for a Writ of Certiorari with the United States Supreme Court captioned Hagan et al. v. Khoja, Case No. 18-1010. The Petition for Certiorari appealed, in part, KSF’s victory in the Ninth Circuit in Khoja v. Orexigen Therapeutics, Inc., 899 F.3d 988 (9th Cir. 2018). KSF successfully defended the Ninth Circuit’s ruling before the United States Supreme Court when it denied Defendants’ Petition for a Writ of Certiorari on May 20, 2019.
We are pleased to to be included in the list of top 20 settlements obtained in the United States in the year 2017.
On December 14, 2018, Vice Chancellor Joseph R. Slights III of the Delaware Chancery Court rejected a motion to dismiss a stockholder derivative suit alleging insider trading and breach of fiduciary duty claims against executive officers and directors of Fitbit, Inc.
Motion to dismiss this matter, which stems from alleged material misrepresentations and omissions made by defendants in describing the content and scope of studies included in the Rexista™ New Drug Application, was denied, in part, by the Hon. J. Paul Oetken, United States District Court Judge.
On December 12, 2018, the Honorable Judge John G. Koeltl entered a final judgment and order approving the Lead Plaintiffs’ $14.75 million recovery for investors in the Eletrobras Securities Litigation.
On September 27, 2018, the Sixth Circuit Court of Appeals reversed and remanded the lower court’s dismissal of the securities class action filed on behalf of a putative class of Esperion Therapeutics, Inc. investors.
On August 13, 2018, the Ninth Circuit Court of Appeals handed lead plaintiff a major win when it overturned much of the lower court’s order dismissing all claims against Defendant Orexigen Therapeutics, Inc.
On June 11, 2018, the Honorable Jon P. McCalla (M.D. Tenn.) entered a final judgment and order in the consolidated securities class action lawsuit captioned Kasper v. AAC Holdings, Inc. et al.
On June 4, 2018, Judge Barbara Lynn entered final judgment in Erica P. John Fund, Inc. v. Halliburton Co., et al. KSF served as Co-Class Counsel in the federal securities class action against oilfield services company and a high-level officer, in which Class Counsel obtained a unanimous decision by the U.S. Supreme Court, ultimately resulted in a cash settlement of $100 million for investors.
On May 1, 2018, Plaintiffs and Defendants memorialized their agreement to resolve the consolidated securities class action lawsuit captioned In re Eletrobras Securities Litigation.
On March 19, 2018, the Hon. Colleen McMahon, Chief Judge of the United States District Court for the Southern District of New York, entered a Decision and Order denying defendants’ motions to dismiss in their entirety.
On February 6, 2018, Hon. Elizabeth A. Kovachevich, the United States District Judge for the Middle District of Florida, ordered KSF’s appointment as lead counsel for the class in Kavra v. Health Insurance Innovations, Inc. et al.
On November 15, 2017, Plaintiffs and Defendants memorialized their agreement to resolve the consolidated securities class action lawsuit captioned In re American Capital, Ltd. Shareholder Litigation.
On December 28, 2017, Lead Plaintiffs and Defendants memorialized their agreement to resolve the consolidated securities class action lawsuit captioned Kasper v. AAC Holdings, Inc. et al.
On July 14, 2017, the Hon. Jon P. McCalla certified a class of shareholders of AAC Holdings, Inc. (NYSE: AAC) in a lawsuit arising from Defendants’ misleading statements regarding a criminal investigation into the death of a patient. Judge McCalla also appointed KSF and one other law firm as Class Counsel. The case is Kasper v. AAC Holdings, Inc., No. 15-cv-00923, pending in the Middle District of Tennessee.
On June 14, 2017, Hon. Haywood S. Gilliam, Jr., the United States District Judge for the Northern District of California, ordered KSF’s appointment as co-lead counsel for the class in Ziolkowski v. Netflix, Inc. et al., Case No. 4:17-cv-01070-HSG (N.D. Cal.).
On June 14, 2017, the Hon. Lorna G. Schofield of the United States District Court for the Southern District of New York entered an Order appointing KSF’s client as Lead Plaintiff and approving its selection of KSF as Lead Counsel for the Class in In re Chicago Bridge & Iron Co. N.V. Secs. Litig., No. 1:17-cv-1580-LGS.
On March 31, 2017 the District Court preliminarily approved $100 million settlement in the Erica P. John Fund, Inc. v. Halliburton Co., et al. litigation.
On March 27, 2017, the Hon. John G. Koeltl, U.S. District Court Judge for the Southern District of New York, substantially denied the defendants’ motion to dismiss in In re Eletrobras Securities Litigation, No. 15-cv-5754-JGK (S.D.N.Y.).
Kahn Swick & Foti, LLC Announces Proposed Settlement of Groupon, Inc. Stockholder Derivative Litigation