Appellate Law News and Insights

Second Circuit Provides Valuable Guidance On Application Of The Supreme Court’s Price-Impact “Mismatch” Framework

Published: Sep 06, 2023
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In Short The Situation: The United States Court of Appeals for the Second Circuit recently decertified a class of stockholders who alleged that Goldman Sachs maintained an inflated share price by making misrepresentations about its business principles and conflict-of-interest policies. The Development: The Second Circuit applied the United States Supreme Court's "mismatch"...

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U.S. Supreme Court Mandates Stay Of Trial Court Proceedings During Arbitrability Appeals

Published: Aug 29, 2023
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The U.S. Supreme Court, in an opinion by Justice Kavanaugh for a five-Justice majority, held in Coinbase, Inc. v. Bielski that when the losing party appeals a federal District Court's order denying a motion to compel arbitration, the District Court must stay its pre-trial and trial proceedings during the pendency of the interlocutory...

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Georgia Court Of Appeals Upholds Mirror Image Acceptance Rule At Insurers’ Peril

Published: Aug 23, 2023
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The Court of Appeals of Georgia recently issued its opinion in Pierce v. Banks, No. A23A0394 (Ga. Ct. App. Jun. 28, 2023), addressing the limits of the mirror image acceptance rule for time-limited settlement demands. Background Pierce arises out of a simple motor vehicle accident. Prior to filing suit, the plaintiff issued a time-limited...

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