Plaintiffs are shareholders of Cyan that accused the company of misleading in its securities filings. Can the plaintiffs’ case continue in state court, or will it be stopped by a policy that prevents “forum shopping”?
The appeals court had dismissed Charmaine Hamer’s appeal because it said the court was strictly bound by a filing deadline rule. The Supreme Court decided the rule is not a “jurisdictional” rule, so the court can work around it if necessary. Hamer wins.
This case gets to the heart of what it means to be a lawyer. The Court will determine if a court filing rule can be waived, or if a court can give an exception to it.