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25 Apr 2024, 6:10 am
SPARC Group LLC, the plaintiffs – a proposed class of shoppers at the retail clothing store Aéropostale – alleged that the store advertised clothing as being discounted when, in fact, the items had never been offered or sold at the higher prices off of which the “discount” was taken. [read post]
24 Apr 2024, 9:01 pm
If a hypothetical ordinance obviously implicating complex equal protection doctrine asks you to identify arguments that a plaintiff might make against the ordinance’s constitutionality and opine about whether they should/will prevail, don’t spend time observing (no matter how true the observation might be) that plaintiff could argue that the ordinance violates the Third Amendment’s ban on the quartering of troops, but that argument would be a loser.Suggestion… [read post]
24 Apr 2024, 3:34 pm
With that fact, comes the benefit of a number of law schools that bolster the legal community, as well as provide a first-class legal education that produces some of the most successful attorneys in the country. [read post]
24 Apr 2024, 11:55 am
NILA, Apr. 24, 2024 "Today, three immigration attorneys and two individuals filed a prospective class action lawsuit in federal court, challenging U.S. [read post]
24 Apr 2024, 11:44 am
The plaintiffs’ lawyers filing these suits file them as individual actions rather than as class actions precisely because they hope to evade the kind of judicial scrutiny that can be involved in class action litigation. [read post]
23 Apr 2024, 2:30 am
” Thus, being more diligent than PAGA plaintiffs in asserting their defenses and challenging affirmative claims can be an effective and efficient way for employers to undermine PAGA actions from the start and throughout litigation, particularly if plaintiff’s counsel is not diligent in prosecuting claims. [read post]
22 Apr 2024, 6:28 pm
For example, single-family home zoning (an extremely widespread practice) bars the construction of multifamily housing affordable for working class and lower-middle class people. [read post]
22 Apr 2024, 5:00 pm
Given the upcoming deadline and the heightened litigation risk associated with pharmacy benefit managers (“PBMs”), as illustrated by a recent putative class action lawsuit brought against Johnson & Johnson,[2] this post briefly describes the lawsuit and the RxDC requirements and provides action steps for group health plans to consider. [read post]
22 Apr 2024, 1:11 pm
In these circumstances, the plaintiffs’ securities bar tends to scour the issuer’s public statements for potential misrepresentations that could provide a basis for a securities class action. [read post]
22 Apr 2024, 12:02 pm
Complications in Climate-Related Civil Suits Climate change-related claims introduce unique difficulties for both plaintiffs and defendants. [read post]
22 Apr 2024, 11:13 am
In August 2023, the court denied the plaintiffs’ motion for class certification. [read post]
22 Apr 2024, 9:15 am
The trial court ruled that denying standing "would insulate legislation from single-subject constitutional scrutiny without class certification or unless a coalition of plaintiffs could be assembled to cover the wide variety of subjects massed in a single piece of legislation. [read post]
22 Apr 2024, 5:00 am
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
21 Apr 2024, 5:00 pm
To summarize the allegations in the J&J Complaint, the plaintiff alleges on behalf of a putative class that the defendants – J&J, its pension and benefits committee, and individual fiduciaries of the J&J plans – breached their fiduciary duties under the J&J prescription drug benefits program. [read post]
19 Apr 2024, 12:13 pm
As Justice Kagan observed, a plaintiff challenging a transfer decision must still show that his or her employer made the decision because of the employee’s membership in a protected class. [read post]
19 Apr 2024, 6:00 am
At issue is whether the district court appropriately certified the classes of plaintiffs. [read post]
19 Apr 2024, 5:45 am
Among others, the plaintiff hired Epidemiology Expert Witness Dr. [read post]
19 Apr 2024, 4:00 am
Lozano also alleges that the TDCJ’s faith-based dormitories have a curriculum that requires inmates to attend Christian-based classes, despite the faith-based dorms being nominally open to inmates of all religions. ...... [read post]
18 Apr 2024, 2:44 pm
" Plaintiffs will always be harmed by the enforcement of the new law. [read post]
18 Apr 2024, 11:02 am
An injunction against federal officials, as well as state officials, should be limited to the named parties, absent some sort of class certification. [read post]
