Ongoing Cases
In re Chesapeake Energy Corp. Securities Litigation (Weinstein et al. v. McClendon et al.)
Labaton Sucharow is the Court-appointed lead counsel for the Court-appointed lead plaintiffs, Ontario Teachers’ Pension Plan Board, in Weinstein et al. v. McClendon et al., No. CIV-12-465-W (W.D. O.K.), a securities fraud class action alleging that Chesapeake Energy Corp. ("Chesapeake" or "the Company") and certain of its officers engaged in a scheme to deceive the investing public about the true value of Chesapeake stock.
ITT Educational Services, Inc.
Labaton Sucharow filed a class action complaint on April 17, 2013 in the U.S. District Court for the Southern District of New York on behalf of persons who purchased or otherwise acquired common stock of ITT Educational Services, Inc. (“ITT”) between April 24, 2008 and February 25, 2013.
Norfolk County Retirement System v. Navistar International Corporation, et al.
Labaton Sucharow LLP filed a class action lawsuit on April 9, 2013 in the U.S. District Court for the Northern District of Illinois. The lawsuit was filed on behalf of persons or entities who purchased or otherwise acquired the publicly-traded securities of Navistar International Corporation (“Navistar”) between June 9, 2010 and August 1, 2012.
Haverhill Retirement System v. Impax Laboratories, Inc.
Labaton Sucharow LLP filed a class action complaint on April 8, 2013 in the U.S. District Court for the Northern District of California on behalf of persons or entities who purchased or otherwise acquired the publicly-traded common stock of Impax Laboratories, Inc. (“Impax”) between February 25, 2011 and March 4, 2013.
In re Netflix, Inc. Securities Litigation
Labaton Sucharow is the Court-appointed lead counsel for the Court-appointed lead plaintiffs, Arkansas Teacher Retirement System and State-Boston Retirement System, in In re Netflix, Inc. Securities Litigation, No. 3:12-cv-225-SC (N.D. Cal.), a securities fraud class action alleging that Netflix, Inc. (“Netflix” or “the Company”) and certain of its officers engaged in a scheme to deceive the investing public about the true value of Netflix stock.
In re Facebook, Inc., IPO Securities and Derivative Litigation
On December 6, 2012, the court appointed Labaton Sucharow as co-lead counsel for lead plaintiffs North Carolina Department of State Treasurer (on behalf of the North Carolina Retirement Systems), Arkansas Teacher Retirement System, Fresno County Employees’ Retirement Association, and Banyan Capital Master Fund Ltd. in a securities class action styled In re Facebook, Inc., IPO Securities and Derivative Litigation, No. 1:12-md-02389-RWS (S.D.N.Y.).
ViroPharma Inc. Securities Litigation
On August 10, 2012, Labaton Sucharow was appointed lead counsel and Carpenters’ Local 27 Benefit Trust Funds (“Carpenters”) was appointed lead plaintiff in a class action against ViroPharma Incorporated (“ViroPharma”) and certain of its senior executives. The case is pending before the Honorable John R. Padova in the U.S. District Court for the Eastern District of Pennsylvania.
In Re Phoenix Leasing Limited Partnership Litigation
On September 11, 2012, the Honorable Lynn Duryee of the Superior Court of the State of California granted preliminary approval to the proposed sale of a Class asset, as memorialized in the Agreement for the Sale and Assignment of Claim Against Reliance Insurance Company, in Liquidation, dated July 16, 2012, as amended, (the “Agreement”) in the certified class action In re Phoenix Leasing Limited Partnership Litigation, No. 173739.
Tempur-Pedic International, Inc. ("TPX") Class Action
Labaton Sucharow filed a class action complaint on June 20, 2012 in the U.S. District Court for the Eastern District of Kentucky on behalf of persons who purchased or otherwise acquired common stock of Tempur-Pedic International Inc. (“Tempur-Pedic”) between January 25, 2012 and June 5, 2012.
Public School Retirement System of the School District of Kansas City v. White et al. (In re Abbott Laboratories Derivative Litigation)
Labaton Sucharow is currently pursuing derivative litigation on behalf of Abbott Laboratories (“Abbott” or the “Company”) regarding Abbott’s $1.6 billion settlement with the government to resolve civil and criminal allegations regarding its illegal promotion of the Company’s anti-seizure drug, Depakote.
Public Pension Fund Group v. KV Pharm. Co.
We currently represent the State-Boston and Norfolk Retirement Systems as lead counsel in litigation against KV Pharmaceuticals. KV allegedly concealed critical information about manufacturing setbacks, corporate mismanagement, and rampant violations of FDA regulations, artificially inflating the price of their stock. When this information was revealed, share prices plummeted.
California Teachers' Retirement System v. Alvarez, et al. (Wal-Mart Derivative Litigation)
When details of Wal-Mart’s apparent violations of the Foreign Corrupt Practices Act emerged this spring, we filed a shareholder derivative suit on behalf of the California Teachers’ Retirement system asserting that the Company's board and management breached their duties to shareholders.
HSH Nordbank AG, et al. v. Barclays Bank PLC, et al.
A residential mortgage-backed securities ("RMBS") case which involves Barclays Bank PLC and other affiliates’ alleged knowledge and fraudulent misrepresentation concerning widespread failure to properly and timely assign mortgages and promissory notes to the RMBS trusts in which HSH Nordbank AG invested.
In re News Corporation Shareholder Derivative Litigation
On July 15, 2011, Labaton Sucharow, on behalf of Massachusetts Laborers’ Pension & Annuity Funds, filed a derivative complaint in the Delaware Court of Chancery against the Board of Directors (the “Board”) of News Corporation (“News Corp” or the “Company”) alleging breaches of its fiduciary duties in connection with the News of the World phone hacking scandal and its related fall-out and for disregarding its fiduciary duties by allowing the Company’s founder, CEO, Chairman and controlling shareholder, Rupert Murdoch (“Murdoch”), to engage in nepotism and use News Corp as his own personal fiefdom.
In re MF Global Holdings Limited Securities Litigation
Co-lead counsel for the Province of Alberta (“Alberta”) which has been designated by the court as co-lead plaintiff in a federal class action filed in the Southern District of New York, alleging securities fraud in connection with the dramatic bankruptcy of MF Global last fall.
In re Pool Products Distribution Market Antitrust Litigation
Labaton Sucharow filed the first lawsuit in the country on behalf of a proposed class of businesses that purchased residential and commercial swimming pool products (“Pool Products”) directly from Pool Corporation and its subsidiaries (“PoolCorp”).
In re Massey Energy Co. Securities Litigation
Litigation against Massey Energy continues in this securities case, as the court denied the defendant’s motion to dismiss. Allegations include Massey’s failure to implement safety practices and improvement initiatives, which led to a staggering decline of Massey’s shares after the April 2010 mine explosion.
In re Celestica Inc. Securities Litigation
Labaton Sucharow is the Court-appointed lead counsel for lead plaintiffs New Orleans Employees’ Retirement System, Millwright Regional Council of Ontario Pension Trust Fund, Drywall Acoustic Lathing and Insulation Local 675 Pension Fund, and Carpenters’ Local 27 Benefit Trust Funds in In re Celestica Inc. Securities Litigation, No. 07-CV-00312-GBD.
Arkansas Teacher Retirement System v. State Street Corp.
Labaton Sucharow represents the Arkansas Teachers Retirement System (“ARTRS”) in a class action against State Street Corporation and certain affiliated entities asserting violations of the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A, and common law claims for breach of contract, breach of fiduciary duty, and negligent misrepresentation.
In re Aftermarket Automotive Lighting Products Antitrust Litigation
In March 2009, Labaton Sucharow was appointed co-lead counsel in this lawsuit filed on behalf of a proposed class of plaintiffs who purchased aftermarket automotive lighting products directly from defendants, three Taiwanese manufacturers, one Hong Kong company, and their United States subsidiary distributors.
In re Air Cargo Shipping Services Antitrust Litigation
In November 2006, Labaton Sucharow was appointed co-lead counsel in this lawsuit filed on behalf of a proposed class of Plaintiffs who purchased airfreight shipping services directly from Defendants, certain major domestic and international air cargo carriers.
City of St. Clair Shores General Employees’ Retirement System v. Lender Processing Services, Inc., et al.
On February 8, 2011, Labaton Sucharow was appointed lead counsel for lead plaintiff, the Baltimore County Employees’ Retirement System, in City of St. Clair Shores General Employees’ Retirement System v. Lender Processing Services, Inc., et al, Case No. 3:10-cv-01073 (M.D. Fla.).
In re Goldman Sachs Group, Inc. Securities Litigation
Co-lead counsel for lead plaintiff alleging claims for securities fraud based on material omissions that Goldman made in connection with the Abacus, Hudson, Anderson, and Timberwolf I CDO transactions. Plaintiffs also plead scienter with respect to the individual Goldman Sachs defendants.
In re BankAtlantic Bancorp, Inc. Securities Litigation
On November 18, 2010, a jury in the federal court in Miami found BankAtlantic Bancorp, Inc., its CEO and Chairman, Alan Levan, and its CFO, Valerie Toalson, liable for securities fraud in a class action brought by Labaton Sucharow, as co-lead counsel, representing State-Boston Retirement System, as lead plaintiff. After a four-week trial, the jury found BankAtlantic and its two senior officers intentionally lied about and failed to disclose the extent of risk in the bank's troubled land loan portfolio in 2007.
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
Labaton Sucharow serves on the Executive Committee in this lawsuit filed on behalf of a proposed class of merchants who purchased credit card processing services directly from defendants, Visa and Mastercard as well as their member banks.
In re Aftermarket Filters Antitrust Litigation
In September 2008, Labaton Sucharow was appointed co-lead counsel after it filed the first lawsuit in the country on behalf of a proposed class of plaintiffs who purchased aftermarket automotive filters (oil, air, and fuel) directly from defendants, the largest manufacturers of these products.
In re 2008 Fannie Mae Securities Litigation
We are currently litigating against Fannie Mae and other named defendants in this case that alleges violations of the securities laws by making false and misleading statements concerning Fannie Mae’s strategic shift away from investing in, guaranteeing, and securitizing low-risk traditional mortgages to risky Alt-A and subprime mortgages.
In re Kingate Management Limited Litigation
On January 22, 2010, Labaton Sucharow, Boies, Schiller & Flexner LLP, and Cohen Milstein Sellers & Toll PLLC were appointed interim co-lead counsel on behalf of investors in Kingate Global Fund, Ltd. and Kingate Euro Fund, Ltd. (collectively, “the Funds”), which channeled billions of dollars into the fraudulent operations of Bernard L. Madoff (“Madoff”).