Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

Biotech / Medical : Oxford Health Plan (OXHP) -- Ignore unavailable to you. Want to Upgrade?

To: Naggrachi who wrote (400)	12/9/1997 1:41:00 PM
From: Andreas	Respond to of 2068

Niggerochi, It's been a number of years since I have been involved in class action litigation. In addition, in searching the federal rules of civil procedure I do not see anything which addresses consolidation of class actions directly. However, class action lawsuits can be consolidated where (i) the issues are the same (ii) the facts are the same, (iii) the parties are the same, (iv) the remedies sought are the same, etc. etc. In other words, is there a single lawsuit being duplicated all over the country? I believe a number of factors will be taken into account when motions are filed with respect to which case is the case to be tried. First, the courts will look to the location of the defendants. Venue is important and the courts are not, in the typical instance, going to force defendants located in New York to defend themselves in California. Second, the courts look to the quality and expertise of defendants' counsel. Third, the courts look to the timing of the filings. Who filed first. Is one particular class action further along than another? Fourth, the courts look to the plaintiff's counsel to try and reach an agreement as to where the litigation will be held - who will be lead counsel etc., etc. In the final analysis, the parties will file their various motions, arguments will be heard, numerous conference phone calls will be had between attorneys and judges and the courts will reach a decision. Case in point - the Bre-X class action litigation. They are still fighting over where the case will be heard - U.S. or Canada. If anyone else can shed some light on this I'd appreciate it.