Fifth Circuit: Loc 731 I.B. of T. Excavators v. Diodes, Incorporated

Securities, FRCP

Insufficiently strong inference of scienter in securities pleading, as top management was not necessarily aware of the specificities of the publicly-disclosed labor issues, early shipments would exacerbate the alleged labor troubles, and the sales of stock represented a small percentage of the executive's investments in the company.

http://www.ca5.uscourts.gov/opinions/pub/14/14-41141-CV0.pdf

Tenth Circuit: Tripodi v. Welch

FRCP, Bankruptcy

Default judgment in securities action not susceptible to attack on the basis that the notes described in the pleadings were not securities, as they are not barred as a matter of law from being considered securities.

Securities judgment properly held nondischargable in bankruptcy, as relevant nondischargablilty statute requires a judicial order or verdict.

https://www.ca10.uscourts.gov/opinions/14/14-4084.pdf

Ninth Circuit: Sung Jang v. Loretta E. Lynch

Securities - Interlocutory appeals

Government can appeal interlocutory evidentiary rulings, however tentative.

Evidence of prior bad acts in for common scheme and lack of coincidence - also held on de novo review to be more probative than prejudicial.

Court does not have pendent jurisdiction over appeal of motion to dismiss when adjudicating an interlocutory evidentiary appeal.

Court does not have jurisdiction over double jeopardy claim based in multiplicious indictment by means of the collateral order doctrine, as the issue can be raised on appeal.

https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/22/15-50033.pdf