United States Eighth Circuit

In a suit brought by class action plaintiff suing his former representative after a settlement had been approved by a district court, dismissal of their claims is affirmed where: 1) the Private Securities Litigation Reform Act did not create a private right of action for class representative's claims against class counsel; 2) dismissal of the fiduciary duty claims was proper as plaintiff essentially was attempting in a collateral action to renew old arguments that the prior settlement was too low; 3) a claim of error regarding denial of a motion to transfer was waived and failed on the merits; and 4) there was no jurisdiction over a claim involving the release of lead counsel class action file.

Appellate Information

• Decided 03/27/2007
• Published 03/27/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Prange Oetting, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Joe D. Jacobson, argued, Clayton, MO (Robert J. Pariser, New York, NY, on the brief), for appellees Jules Brody et al., Harold F. McGuire, Jr., argued, New York, NY (Arthur V. Nealon, New York, on the brief), for appellees Cappucci & Entwistle., Aaron I, Mandel, argued, St. Louis, MO (Gary P. Paul, St. Louis, on the brief), for appellees D. Clooney, et al.