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Milberg Malpractice Class Action Hits Wall

Feb. 2, 2018, 8:36 PM

Plaintiffs alleging lawyers at Milberg LLP botched their securities class action still can’t get an immediate appeal of their case using a tactic recently rejected by the U.S. Supreme Court, the Ninth Circuit said Feb. 1.

The ruling likely means the malpractice case that has stretched on for nearly a decade is over.

In Microsoft Corp. v. Baker, the Supreme Court shut down the plaintiffs’ strategy of voluntarily dismissing their case to get immediate appeal of an adverse class certification ruling.

“As that is precisely the procedural posture here, this court lacks appellate jurisdiction over this case,” the U.S. Court of Appeals for the Ninth Circuit said in an unpublished opinion.

Milberg didn’t tell any of the absent class members when the securities class action was certified, decertified, or dismissed, the suit alleged.

Judges Sidney R. Thomas, John B. Owens, and Anthony J. Battaglia, sitting by designation from the U.S. District Court for the Southern District of California, served on the panel.

Lewis Roca Rothgerber Christie LLP represented the plaintiffs. Joseph Hage Aaronson LLC represented Milberg.

The case is Bobbitt v. Milberg LLP, 2018 BL 35261, 9th Cir., No. 13-15812, unpublished 2/1/18.

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