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16 Apr 2007, 1:16 pm
And the Supreme Court of Texas often delves into the merits of defenses to determine whether or not they "apply" to class members. [read post]
30 May 2014, 9:11 am
” “[A] class action trial management plan may not foreclose the litigation of relevant affirmative defenses, even when these defenses turn on individual questions. [read post]
1 Apr 2013, 6:00 am
Some putative class actions have been brought on the theory that insurers fail to proactively determine whether these expenses are incurred and pay them even where insureds have not requested reimbursement. [read post]
7 Apr 2008, 3:26 pm
Several of the class actions have been certified. [read post]
4 Apr 2018, 6:20 am
In this eight-year-old gender bias class action against Goldman Sachs, a federal district court agreed with plaintiffs’ objections to a magistrate’s report and recommendation, which had denied class action status, and certified a Rule 23(b)(3) class action on the women’s disparate impact and disparate treatment claims. [read post]
7 Jul 2009, 5:12 am
The district court denied plaintiffs’ first motion for conditional class action treatment of the FLSA claims, id., at 7132-33. [read post]
9 Apr 2017, 3:09 am
Finally, the Court notes that an opt-out class action, leading to a settlement that could be binding for foreign class members, could entail a violation of the rights of defense if not everything was done to guarantee that the foreign class members were notified of the class action procedure and the opt-out possibility. [read post]
25 Mar 2009, 4:58 am
Class Action Alleging Breach of Contract Against American Express for Failing to Automatically Refund Various Travel Insurance Premiums Lacked Evidentiary Support because Contract Underlying Class Action Dispute Unambiguously Required Enrollees to Contact American Express as a Condition Precedent to Obtaining such Refunds California Trial Court Holds Plaintiffs filed a class action against American Express alleging breach of contract arising… [read post]
2 Apr 2014, 5:30 am
The Future of Class Action Arbitration Part III Part I | Part II By: Adam Prom The future debate surrounding class arbitration In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future. [read post]
6 Feb 2014, 10:38 am
Dukes has on virtually all class actions pending in federal and state courts throughout the country. [read post]
1 Apr 2010, 4:20 pm
Court of Appeals for the Sixth Circuit on the issue of whether a RESPA class action requires a concrete financial injury in fact. [read post]
22 May 2008, 3:43 am
In the Oregon class action against the RIAA and its codefendants, Andersen v. [read post]
21 Sep 2009, 11:33 am
Brian Hufford, who offers a plaintiffs’ class action attorney’s perspective on the latest trend in class actions against healthcare insurers. [read post]
9 Nov 2007, 5:41 pm
Spectators in the massive JDS securities class action got a textbook example Friday of how defense experts fare in big ticket litigation. [read post]
13 Feb 2019, 9:09 am
Florida readers may be interested in a class action suit was that recently filed in another state. [read post]
8 Jul 2007, 11:02 am
To aid class action defense attorneys in defending against securities class action lawsuits, we provide the text of the Private Securities Litigation Reform Act of 1995 (PSLRA). [read post]
11 Aug 2009, 5:13 am
She therefore filed her class action against Blue Cross, id. [read post]
25 Oct 2016, 9:19 pm
But for those interested in actionable intelligence about where class actions are headed, the primary takeaways are clear: the fact that fees drive class settlements is not going away, and the debate over the deterrent value of class actions is only going to intensify. [read post]
6 Aug 2008, 12:30 pm
Wheatman, Attorney Choice of Forum In Class Action Litigation: What Difference Does it Make? [read post]
8 Jan 2014, 6:23 am
This blog post is a joint submisssion with BakerHostetler’s Class Action Lawsuit Defense blog. [read post]
