As with just about every impact of the financial crisis on the insurance industry, the increase in securities class action lawsuit settlements wasn't as bad as the industry expected.

According to a study by Stanford Law School and Cornerstone Research, settlements grew only 39% year over year in 2009. Insurers and reinsurers writing directors and officers insurance in the U.S. are probably relieved to see that the reality didn't reach what they feared. The number could tick higher, though, as these cases work their way through the court system.

As class action lawsuits go, I have never encountered one any more questionable than the recent complaint issued against Medivation Inc. (MDVN), via the law firm Izard Nobel LLP.

Readers of this space may recall that just a few days ago I decried the sell off of shares that occurred on the heels of Medivation's ill-fated phase 3 drug trial of the potential Alzheimer's treatment dimebon. At that time, I pointed out that one failed drug trial is not equal to the failure of a company. I still stand by that common sense determination.

News over the weekend of two Detroit pension funds suing Yahoo (NASDAQ:YHOO) for rejecting Microsoft's (NASDAQ:MSFT) $41.2 billion offer, is the first bit of sanity that has come out of this whole story.

The proposed class action, filed by veteran shareholder litigation firm Bernstein Litowitz Berger & Grossman, takes Yahoo directors to task for spurning the Feb. 1 offer and "pursuing all manner of value-destructive third-party deals."

These pension funds are the only party who have the investor interests at heart. Regarding both Yahoo and Microsoft, it's hard to understand what they are thinking. Why would Microsoft pay a 60% premium for the much troubled search engine company? I understand that Microsoft basically wants to replace its own troubled MSN with Yahoo, but why overpay? I am sure that if it invested a fraction of this amount of money to generate more MSN traffic, things would improve.

As for Yahoo, hello? You are being offered such a huge premium, and just because you despise the suitor you reject the deal without presenting it to shareholders. "Yahoo said at the time the bid substantially undervalues the company, failing to take into account its 500 million users worldwide, investments in its advertising platform and lucrative overseas holdings." Well, no offense but if your 500 million users are so lucrative why has your stock fallen by more than 45% pre-offer? Why are you cutting 7% of your workforce because you "forecast a tough 2008?"

Thank you pension funds for finally trying to actually represent your investors. At least someone cares about the investor.

Aaron Katsman is the lead Portfolio Manager and Managing Director of America Israel Investment Associates, LLC. and Senior Editor of IsraelNewsletter.com. DISCLOSURE: Writer's fund has no positions in any stock mentioned as of 2/25/08.