In re: Cohen, No. 09-70378

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.

Read In re: Cohen, No. 09-70378

Appellate Information

Argued and Submitted September 1, 2009

Filed November 5, 2009

Judges

Opinion by Judge B. Fletcher

Counsel

For Petitioner:

Michael F. Ram, Levy, Ram & Ollson LLP, San Francisco, CA

For Real Party in Interest:

Jonathan K. Levine and Aaron M. Sheanin, Girard Gibbs LLP, San Francisco, CA