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Litigation

Aug. 20, 2009

Back and Forth

In recent decisions involving the Securities Litigation Uniform Standards Act, federal district and appellate courts have not hesitated to remand actions back to state court, write Christopher H. McGrath and Kimberley A. Donohue.

FOCUS COLUMN

By Christopher H. McGrath and Kimberley A. Donohue

Two recent attempts to expand the scope of the preclusion and removal provisions included in the Securities Litigation Uniform Standards Act, 15 U.S.C. Section 77p, have failed in 2009 - including a case of first impression from the 9th Circuit. The act was intended to benefit defendants by prohibiting the litigation of certain state law securities class action claims and mandating t...

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