Search for: "Class Action Defense"
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8 Mar 2008, 8:27 am
In contrast, the New York class action statute (CPLR § 903) provides that all persons are covered by a certified class action unless they specifically "opt out. [read post]
6 Jun 2016, 6:12 pm
The plaintiffs’ allegations are outlined in their First Amended Class Action Complaint, which can be found here. [read post]
11 Feb 2015, 6:57 am
Her practice focuses on defense of consumer class actions, commercial litigation and appellate litigation. [read post]
29 Sep 2009, 9:11 pm
Class Action Alleging RESPA Violations by Home Builder for Offering Discount on Closing Costs for use of Affiliated Lender Properly Dismissed because Mere Offering of such an Option does not Violate RESPA or HUD Regulations Eleventh Circuit Holds Plaintiffs filed a putative class action against home builder D.R. [read post]
12 Apr 2011, 4:15 am
After a two week trial, a West Virginia jury returned a defense verdict in favor of Massey Energy Co. in a class action for medical monitoring based on the plaintiffs' alleged exposure to toxic coal dust. [read post]
5 May 2015, 7:19 am
Although the appellate court sided with the plaintiffs in the case, the decision will almost certainly be hailed by class action defense lawyers and derided by the plaintiffs’ bar. [read post]
3 Nov 2011, 10:15 am
The class’s own attorneys state: Apple denies all allegations in the Lawsuit and in the Owens Action, and has asserted many defenses. [read post]
30 May 2013, 8:48 pm
The defense has continued a streak of successes with respect to the follow-on class claims by former class members, but some decisions leave room for plaintiffs in other stacked class actions to play ball. [read post]
2 Sep 2006, 7:55 am
As a resource for defense attorneys who defend against class action under the Fair Credit Reporting Act (FDCPA), 15 U.S.C. § 1681 et seq., we provide the text of the FCRA. [read post]
10 Nov 2015, 7:27 pm
Background To The Case Employer groups have argued that preventing an employer in a class action from raising otherwise available defenses to the claims of individual class members violates class action rules and due process, and conflicts with the Supreme Court’s seminal decision in Wal-Mart Stores, Inc. v. [read post]
31 Mar 2009, 4:54 am
The district court agreed and dismissed the class action, id. [read post]
4 Nov 2011, 12:00 pm
Apple denies all allegations and has asserted many defenses. [read post]
15 Aug 2008, 2:03 pm
The judge disagreed with the plaintiff class’s argument that the analyst's downgrade represented a “corrective disclosure” that was sufficient to prove loss causation, an essential element for proving a section 10(b)/Rule 10b-5 violation.Although Apollo was ultimately successful on the merits in the securities class action, it may have experienced a financial loss in terms of paying out defense costs that exceeded its… [read post]
9 Jul 2008, 12:02 pm
The district court granted class action certification of a statewide class, and the parties entered into a Class Action Settlement Agreement that the district court ultimately approved. [read post]
29 Oct 2008, 12:01 pm
Defense attorneys moved to dismiss the class action for failure to meet the heightened pleading requirements under the Private Securities Litigation Reform Act (PSLRA). [read post]
15 Jun 2016, 11:40 am
Thus, because the unjust enrichment counts were likely covered by the policy, the insurer had to defend both class actions. [read post]
25 Apr 2024, 10:20 am
Identity theft can be charged as either a Class B or Class C felony. [read post]
16 Mar 2011, 9:09 am
The case involves an attempted class action seeking to right the wrongs of a perceived collusion between a hospital and a health insurance company to I guess bill patients for care received in lieu of insurance. [read post]
21 Nov 2022, 11:16 am
For example, the Third Circuit recently took a narrow view of the direct-party exception defense under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, resulting in the initiation of several class actions. [read post]
17 Dec 2014, 10:59 am
The Eleventh Circuit recently held that a defendant may not moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the named plaintiffs move to certify the class. [read post]
