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6 Feb 2017, 10:52 am
” In Johnston, the defendants brought their motion to dismiss for lack of Article III standing at the pleadings stage under Rule 12(b)(1). [read post]
6 Feb 2012, 5:00 am
C. [read post]
31 Mar 2014, 5:30 am
[xv] B. [read post]
10 Nov 2009, 9:45 am
Inquiries, other than requests for the Notice, may be made to Lead Counsel: Steven B. [read post]
17 Apr 2013, 3:28 pm
Semenko maintained that she wanted to return to work, but Wendy’s refused to accommodate her by (i) reassigning her to other available positions, or (iii) providing her a reasonable extension on her medical leave. [read post]
10 Aug 2017, 5:30 am
This future injury was substantial enough to satisfy Article III standing based on, among other things, the data elements actually accessed by hackers on the defendants’ servers, such as Social Security numbers and payment card information. [read post]
22 Dec 2022, 5:04 pm
In Murray the elements of a NDNC claim ((A) a residential telephone subscriber; (B) that received more than one telephonic solicitation; (C) by or on behalf of the same entity; (D) during a twelve-month period; (E) to a number that the subscriber registered on the NDNC registry) differed significantly from the elements of an automated dialer claim ((i) at least one call is made; (ii) using an automatic telephone dialing system; (iii) without the consent of the called… [read post]
3 May 2023, 8:44 am
The McGoveran decision illustrates how Article III standing should remain the operative focus of any privacy class action defense. [read post]
3 May 2023, 8:44 am
The McGoveran decision illustrates how Article III standing should remain the operative focus of any privacy class action defense. [read post]
3 May 2023, 8:44 am
The McGoveran decision illustrates how Article III standing should remain the operative focus of any privacy class action defense. [read post]
1 Apr 2014, 5:30 am
”[xix] B. [read post]
22 Jan 2016, 8:34 am
¶ 7.C. [read post]
18 Jun 2009, 4:44 pm
Certification under the Class Proceedings Act requires that a number of requirements described at section 5(1) of the Act be present: 5(1) The court shall certify a class proceeding on a motion under section 2, 3 or 4 if,(a) the pleadings or the notice of application discloses a cause of action;(b) there is an identifiable class of two or more persons that would be represented by the representative plaintiff or… [read post]
9 Jun 2015, 1:12 pm
§ 360c(b)(2). [read post]
30 Aug 2017, 7:01 am
By Joseph C. [read post]
27 Feb 2014, 3:44 pm
A second similar offense increases the grade of offense to a class B felony. [read post]
3 Apr 2017, 7:14 am
’ ” Unlike a case in which the impact of the phrase “The Better Vitamin C”—akin to puffery—couldn’t be disentangled from other non-misleading representations on the label, flushability was sufficiently distinctive that it could be isolated from other label claims.The common questions:(1) What do defendants’ “flushable” representations mean to a reasonable consumer? [read post]
28 Apr 2012, 2:16 pm
C. [read post]
24 Jul 2007, 5:57 am
All defendants moved for dismissal of the class action complaint under Rule 12(b)(6) and Rule 9(b), id. [read post]
6 May 2007, 11:22 am
As a resource for the class action defense lawyer who defends against securities class action litigation, we provide the text of the Private Securities Litigation Reform Act of 1995 (PSLRA). [read post]
