Tag Archives: Judge Sullivan

Judge Sullivan: Qui Tam Plaintiff Who Voluntarily Dismisses Case Cannot Share in Proceeds from Settlement of Later-Filed Government Case

In an opinion last week, Judge Sullivan concluded that the False Claims Act did not allow a “relator” (a private citizen suing on behalf of the government for fraud against the government) who voluntarily dismissed his case to share in the proceeds from a case that the government later filed on its own. The False Claim … Continue Reading

Judge Sullivan Grants Einhorn’s PI, Blocking Apple Shareholder Vote

Today, Judge Sullivan granted Greenlight’s motion to preliminarily enjoin the Apple shareholder vote on “Proposal Number No. 2.”  That proposal sought to amend Apple’s Articles of Incorporation to make four changes, including to eliminate Apple’s “blank check” authority to issue preferred stock.  Prior posts on the cases are here.… Continue Reading

UPDATE: Apple Opposes Greenlight PI Motion

Today, Apple responded to Greenlight Capital’s motion for preliminary injunction blocking a shareholder vote on a plan which Greenlight claimed would eliminate Apple’s ability to issue preferred stock.   Greenlight had argued that the plan was “bundled” with other proposed amendments to Apple’s articles of incorporation (as “Proposal No. 2”)  for a single up or … Continue Reading

Judge Sullivan Dismisses UBS Securities Class Action

It has been a busy week for Judge Sullivan. On Friday, Judge Sullivan dismissed with prejudice a securities fraud class action brught against UBS and certain of its executives alleging that UBS misled investors about its exposure to mortgage-backed securities and auction rate securities, and about its compliance with U.S. tax and securities laws.… Continue Reading

Judge Sullivan: Some Arrests at 2004 RNC Lacked Probable Cause

In a decision filed on Sunday, Judge Sullivan granted in part and denied in part the parties’ cross-motions for summary judgment in Dinler et al. v. City of New York – the consolidated actions brought by protesters arrested during the 2004 Republican National Convention in New York City. The parties’ fifty motions addressed four issues: … Continue Reading

Former Sen. Arlen Specter Argues Case Before Judge Sullivan, Mentions That Congress Should Have Raised Judicial Pay

Former Senator Arlen Specter, who is now a lawyer in private practice, recently argued a hearing before Judge Sullivan in an attempt to prevent NASDAQ from delisting his client. A state court had issued a TRO against the delisting, and, in a transcript made public today, Judge Sullivan was skeptical that Congress intended the state … Continue Reading
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