Kelly Curtis
Kelly Curtis is a law clerk in the Litigation Department.
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It is illegal under the Securities Exchange Act to make false or misleading statements to the investing public about material facts. At the same time, corporations and their officers must be able to make statements about the company’s future plans, projections, and aspirations without fear of opening themselves up to claims of securities law liability … Continue Reading
President Obama’s Affordable Care Act has survived yet another challenge in the federal courts. In a resounding 8-1 decision this Monday, April 27, 2020, the U.S. Supreme Court ruled that health insurance companies who suffered losses entering the new marketplaces established by the Affordable Care Act (“ACA”) were entitled to compensation for those losses.… Continue Reading
California defendants in class actions should be wary of seeking a strategic advantage by litigating before seeking to compel arbitration. The Court of Appeal held recently in Sprunk v. Prisma LLC that a defendant in class action litigation can waive its right to seek arbitration against absent, unnamed class members by deciding not to compel … Continue Reading
It is not uncommon for parties to enter into agreements containing jury waiver provisions. However, enforcing such provisions in California courts may be a losing battle. California has a strong public policy in favor of the right to a trial by jury, and California courts will not enforce a jury waiver except under limited circumstances. … Continue Reading
The New Year brought with it many new rule changes for federal and California courts, including in the area of electronic service and filing. A few key rules regarding requirements for electronic paperwork and service are summarized below.… Continue Reading
Ninth Circuit Affirms Shareholders Cannot Sue Corporate Officers for Forward-Looking Projections that Don’t Pan Out
By Kelly Curtis on Posted in Appellate, Securities and Shareholder Litigation, Securities Law
Latest Attack on the Affordable Care Act Soundly Defeated: “The Government should honor its obligations.”
By Kelly Curtis on Posted in Appellate, Federal Rules, Health Care
California Defendants Beware: Failing to Compel Arbitration Against Named Plaintiff Could Have Far-Reaching Consequences
By Kelly Curtis on Posted in California Rules, Class Action
Enforcing a Jury Trial Waiver in California: An Impossible Task?
By Kelly Curtis on Posted in California Rules, Litigation, Trial Issues
3-Day-Rule Eliminated for E-Service and Other E-Filing Rules Amendments
By Kelly Curtis on Posted in California Rules
