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1 Sep 2013, 6:38 am
Employers should be encouraged by the unity of federal courts declining to follow the NLRB's attack on class action waivers but should be cautious as the enforceability of class action waivers is still unsettled in other jurisdictions. [read post]
14 Aug 2016, 10:01 pm
Will a Justice Garland help a renaissance in class actions? [read post]
26 Jan 2010, 5:50 am
The folks at the Class Action Defense Blog described the case yesterday and included a downloadable pdf. [read post]
8 Sep 2010, 6:44 am
Arias and Burnham Brown have extensive experience and proven success in defending employers in class action lawsuits. [read post]
5 May 2011, 5:02 am
During the litigation, the Court of Appeal held that the plaintiffs lacked standing to prosecute the class action “because none had any marijuana convictions to reveal. [read post]
23 Oct 2012, 9:46 am
Cir. 2003) (hat tip Bill Shea)- failure to take advantage of effective system to report/stop harassment (in Title VII actions, called the Faragher-Ellerth defense) (see Jones v. [read post]
29 Mar 2007, 5:51 am
The defense moved the district court to dismiss the class action complaint with prejudice on the ground that preemption of one class action claim under SLUSA required dismissal of the entire class action complaint. [read post]
20 Oct 2021, 7:18 am
In some cases, a legal defense applies that can help justify your actions when you committed the alleged violation. [read post]
21 Dec 2018, 10:18 am
The cases are among thousands that stem from a Florida class action suit that the state’s supreme court ultimately decertified, allowing individual plaintiffs to recover against the nation's tobacco companies if they can prove the smokers in their cases suffered from nicotine addiction that caused a smoking-related disease. [read post]
20 Jan 2009, 4:06 am
Defense attorneys moved to dismiss the class action under Rule 12(b)(6); the district court granted the motion and dismissed the class action because it “found that Gerber’s statements were not likely to deceive a reasonable consumer, particularly given that the ingredient list was printed on the side of the box and that the ‘nutritious’ claim was non-actionable puffery. [read post]
9 Jun 2009, 5:09 am
Defense attorneys moved to dismiss the class action complaint for failure to state a claim; the district court agreed with Chase and dismissed the class action. [read post]
14 Jun 2013, 3:03 pm
But there is no mystery over the fact that statutes of limitations defenses are key to employers sued in workplace class actions. [read post]
4 Apr 2013, 10:53 am
For the latest class action defense updates, visit www.ClassActionLawsuitDefense.com. [read post]
12 Apr 2011, 11:34 pm
James Lorenz (Southern District of California) granted a defense motion to deny class certification. [read post]
21 Aug 2013, 7:11 am
That brings us to Sutherland, and the question of whether these legal developments that apply to other types of class actions apply equally to FLSA collective actions, where the amounts at issue for each individual member of the potential class may indeed be much smaller than in a typical discrimination case. [read post]
10 Mar 2016, 5:00 am
Last week, I attended an excellent program of the Federation of Defense and Corporate Counsel regarding how the December 2015 amendments to the Federal Rules of Civil Procedure are impacting the defense of class actions and other complex litigation. [read post]
8 Jun 2018, 3:44 pm
I have often blogged (and am concerned about) working time issues, especially when they comprise the basis for a class action. [read post]
20 Oct 2011, 6:48 pm
A class may be certified under Missouri law where: 1) the class is so numerous that joinder of all members is impracticable; 2) common questions of law or fact exist among the class; 3) the claims or defenses of the representative parties are typical of that of the class; and 4) the representative parties are able to fairly and adequately protect the class' interest. [read post]
2 Aug 2011, 5:00 am
As I’ve noted before on this blog, defenses are often key to defeating class certification in insurance class actions. [read post]
19 Feb 2012, 8:27 am
This prerequisite obligates the court to examine whether the claims or defenses of the representative parties are typical of the entire class. [read post]
