United States Ninth Circuit

In mandamus proceedings seeking to overturn the district court's appointment of a law firm as lead counsel in a securities fraud action, the petition is granted in part where the Private Securities Litigation Reform Act made clear that it was the lead plaintiff who selected lead counsel, not the district court. However, the petition is denied in part where the district court was still entitled to approve or disapprove the lead plaintiff's choice of counsel.

Appellate Information

• Decided 11/05/2009
• Published 11/05/2009

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before B. FLETCHER and ANDREW J. KLEINFELD, Circuit Judges, and KEVIN T. DUFFY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A.P. Brower, Brower Piven, A Professional Corporation, New York, NY, Michael F. Ram, Levy, Ram & Ollson LLP, San Francisco, CA and Kim E. Miller, Kahn Gauthier Swick, LLC, New York, NY, for the petitioner., Jonathan K. Levine and Aaron M. Sheanin, Girard Gibbs LLP, San Francisco, CA, and Ralph Stone and Thomas G. Ciarlone, Jr., Shalov Stone Bonner & Rocco LLP, New York, NY, for Real Parties in Interest Lisa Miller and the Depies Group.