Posts Tagged ‘credit crisis class action’

Jaclyn Jaeger of Compliance Week authored a comprehensive article published yesterday highlighting trends in credit crisis-related securities class action lawsuits.  The article summarizes a June 15, 2009, NERA Consulting report entitled “An Update on the Credit Crisis Litigation: A Turn Towards Structured Products and Asset Management Firms.”  Here is a link to the article, which in turn includes a link to a .pdf version of the NERA report. 

The report finds that credit-crisis-related lawsuits exploded in 2008, increasing 172% over 2007.  So far in 2009, filings appear to be continuing at a similar pace from 2009.  The report also notes an increase in cases that name officers and directors as defendants and an increase in the percentage of cases filed by non-shareholder plaintiffs.  Asset management firms and securities issuers and underwriters continue to be the target of the largest number of suits with only a small percentage of cases filed against mortgage lenders, home builders, insurers, and other defendants. 

The filing statistics only tell part of the story, however.  The report also provides preliminary statistics on the outcomes of cases, finding that almost two thirds of recent resolutions involved either an outright dismissal, partial dismissal, or voluntary dismissal.  15% resulted in settlements, while 21% survived motions to dismiss.

For anyone interested in tracking the litigation arising from the credit crisis, both the article and the NERA Consulting report are a worthwhile read.

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Magnified by the most recent credit crisis, subprime mortgage litigation continues to be a hot topic among those following developments in class actions.  Peter Page of the National Law Journal authored an interesting article, published today, discussing the most recent wave of lawsuits stemming from the ugly recent turn in the subprime mortgage crisis.  The article focuses on recent securities fraud class action filings involving claims of failure to disclose subprime investments by mortgage companies, banks, and others.

Securities fraud cases are only a part of the wave of class action litigation that has been spawned by the subprime mortgage fiasco.  Subprime-related issues have formed the basis for a wide range of class actions brought on behalf of a wide range of plaintiffs and based on a wide variety of causes of action, with varying success.  The many types of subprime-related class actions include:

  • Consumer protection actions involving claims for predatory lending;
  • Class actions claiming racial discrimination in mortgage lending;
  • Class actions by subprime loan borrowers under the Truth in Lending Act (TILA);
  • Securities fraud class actions claiming failure to disclose facts about subprime investments;
  • ERISA Class Actions alleging improper subprime investments on behalf of the participants of a pension or retirement plan; and
  • Shareholder derivative lawsuits alleging nondisclosure of and mismanagement involving subprime investments.

The most recent CADS Report, the newsletter of the ABA’s class action and derivative suits committee, has a nice collection of articles on developments many of these areas.  The Newsletter is available only to ABA CADS members (I won’t comment in detail here on the perhaps fitting choice of acronyms), but non-members can get a preview here, along with information on how to join.

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