Search for: "INDIRECT PLAINTIFF CLASS"
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19 Aug 2016, 7:46 am
Pointing out that only an “employer” can be held liable under these wage laws, McDonalds moved for summary judgment on the grounds it did not jointly employ the named plaintiffs, given it did not retain or exert direct or indirect control over their hiring, firing, wages, or working conditions. [read post]
16 Aug 2016, 6:18 am
This decision also appears to be part of a larger judicial trend to allow plaintiffs to advance their Competition Act private action cases to trial, which has included the Supreme Court’s decision to allow indirect purchaser class actions. [read post]
26 Jul 2016, 3:15 pm
Under the terms of the agreement, the SEC will issue its order instituting the settled administrative proceeding only after a federal court approves State Street’s proposed settlement with private plaintiffs in pending securities class action lawsuits concerning its pricing of foreign currency exchange trades. [read post]
11 Jul 2016, 4:46 pm
** Is the All State Nationwide Class Back for False Advertising Plaintiffs? [read post]
20 Jun 2016, 5:47 am
Although Lexmarkexpressly disclaimed any comment on whether the communications before it constituted “commercial advertising or promotion,” the court here sensibly pointed out that it would be a perplexing decision by the Supreme Court to conclude that indirect competitors had standing to bring a Lanham Act claim, but those same plaintiffs’ claims would necessarily fail on the merits due to lack of direct competition. [read post]
10 May 2016, 11:20 am
The Court rejected this argument, noting that while it is “true that language ability per se is not the legal equivalent to a protected class like race or national origin, language can sometimes serve as a proxy, or stalking horse, for discrimination against a protected class. [read post]
22 Apr 2016, 3:51 pm
In Spokeo, the Supreme Court is mulling over whether a plaintiff/class representative has standing to assert claims based upon the violation of federal statutes – in that case the Fair Credit Reporting Act – where the plaintiff has not been injured. [read post]
13 Apr 2016, 4:55 pm
John Reed Stark There have been several very high profile news reports of significant law firm data breaches. [read post]
31 Mar 2016, 8:51 am
The new fee structure and levels with a new "one-fee-per-class" system is also a big change. [read post]
17 Mar 2016, 6:18 am
Indirect method. [read post]
2 Mar 2016, 7:23 am
Russell Lamb (economics expert witness) to prove the elements needed to prove class certification. [read post]
22 Feb 2016, 3:27 am
The plaintiff in this case held 100,000 Class B non-voting membership units equal to 0.55% of the LLC which owns and operates retail stores for the sale or organic juice and products. [read post]
22 Feb 2016, 3:27 am
The plaintiff in this case held 100,000 Class B non-voting membership units equal to 0.55% of the LLC which owns and operates retail stores for the sale or organic juice and products. [read post]
16 Feb 2016, 9:00 am
., 15-3411 (CA 6) (for publication), affirming dismissal of a purported class action under the Telephone Consumer Protection Act (“TCPA”). [read post]
22 Jan 2016, 8:12 am
Baker, 15-457, which asks whether a federal appeals court has jurisdiction to review an order denying a class certification after the named plaintiffs voluntarily dismiss their individual claims with prejudice; McDonnell v. [read post]
14 Jan 2016, 11:43 am
The plaintiff, Elijah Manuel, alleges that six police fabricated evidence to support a criminal prosecution against him. [read post]
28 Dec 2015, 9:51 pm
In doing so, it held that cy pres must be used as a last resort, and the money must go to something that will provide an actual indirect benefit to the class. [read post]
19 Dec 2015, 8:28 am
And the plaintiff must still determine whether to accept the remittitur on future economic damages. [read post]
28 Nov 2015, 10:40 am
Plaintiffs did not claim personal injury, but rather asserted that manganese particulate damaged their real property and diminished its value.[2] The parties agreed that the alleged indirect trespass would require a showing of “unauthorized, intentional physical entry or intrusion of a chemical by aerial dispersion onto Plaintiffs’ land, which causes substantial physical damage to the land or substantial interference with the reasonable and foreseeable use of… [read post]
24 Nov 2015, 12:38 pm
RICO requires proof of proximate causation between the alleged fraud and the alleged injury, a showing of direct or indirect reliance for each plaintiff/claim will typically be required. [read post]