tag:blogger.com,1999:blog-3202774368551476669.post6694267636980659128..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: Dismissal of Suit Against Satyam DirectorsUmakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3202774368551476669.post-28178096042037445312013-01-12T20:24:18.061+05:302013-01-12T20:24:18.061+05:30Maybe there was no procedural issue here. In Morri...Maybe there was no procedural issue here. In Morrison, the lower courts held the question to be one of jurisdiction, but the SC corrected this `threshold error' and held it to be a merits question. This is particularly interesting because US Congress, thru S. 929P of Dodd-Frank textually restored the SEC and DOJ `jurisdiction' based on something like `conduct and effects' test. There is a live controversy whether this really accomplishes anything in light of the SC approach discussed above. A good article dealing with this issue can be found at http://newsandinsight.thomsonreuters.com/uploadedFiles/National_Litigation/News/2011/06_-_June/professorpainterdoddfrankanalysis%20(2).pdf<br />-Mangesh Patwardhan<br />Anonymousnoreply@blogger.com