6 Jul 2009

Suing Plaintiff's Counsel: Turn-About's Fair Play (continued…)



Back in March, this blog report that Grand Casinos and well-known Minnesota business man, Lyle Berman, represented by Dorsey & Whitney LLP, are pleading fraud, conspiracy, negligent supervision, and RICO against the prominent plaintiffs securities class action law firm, Milberg Weiss, based, primarily, on the fact that Milberg worked with a damages expert who accepted under the table payments for his work (and lied under oath about it).

Now, defendants (erstwhile plaintiffs) are moving to dismiss based, among several grounds, on the fact that Grand Casinos entered into a settlement in the underlying shareholder litigation and, as part of that settlement, released claims such as those brought in this case.

The case had been assigned to Judge Magnuson, who recused himself, so the motion (scheduled for hearing on July 24) is before Judge Joan Ericksen.

Below is one of several briefs in support of motions to dismiss, brought by the several defendants.

Milberg Memorandum in Support of Motion to Dismiss

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