DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062357P.pdf 03/27/2007 J. Michael Koehler v. Jules Brody
U.S. Court of Appeals Case No: 06-2357
and No: 06-2746
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, Hansen and Smith, Circuit Judges]
Civil case - Private Securities Litigation Reform Act. The Act does not
create a private right of action for claims by a class representative against
class counsel; in order to prevail on a claim that class counsel breached a
fiduciary duty to him, plaintiff must show that the misconduct he alleges
was the proximate cause of his injury, and he could not do so in light of
prior court rulings approving the settlement, over his objections, on the
grounds that it was fair, adequate and reasonable; issue of adequacy of
counsel's efforts had already been decided in prior case; defendant 's
appeal waived the issue that the case should have been transferred to the
Southern District of New York; court lacked jurisdiction to review an
advisory opinion given by the district court in a closed case.