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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]
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]
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]
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]
30 Nov 2010, 8:02 pm
Gray has quotes from several Canadian class action lawyers, both from the plaintiff’s and defense side, making predictions on the potential effects of the bill and commenting on the development of Canada’s consumer protection laws as compared to the United States. [read post]
12 Oct 2009, 9:08 pm
The class action focuses on the use of Segways at Disney parks. [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]
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]
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]
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]
15 Nov 2012, 8:57 pm
Supreme Court is shaping up as a major one for class action litigation. [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]
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]
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]
11 Dec 2013, 5:25 pm
Also, Archis Parasharami has an interesting piece on a study revealing that class action members rarely benefit from class actions. [read post]
20 Oct 2014, 10:00 am
The Sixth Circuit has never held either way on the propriety of making incentive payments to class representatives in class action settlements. [read post]
30 Dec 2008, 4:30 am
Sharper Image and Defense Counsel's Guide to Settling Coupon Based Class Actions After CAFA, 15 No. 8 Andrews Class Action Litigation Report 1. [read post]
10 Mar 2010, 2:09 pm
Feb. 22, 2010), plaintiffs had brought three different class actions against the tobacco industry. [read post]
8 May 2019, 11:56 am
A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action claims. [read post]
26 Oct 2009, 9:08 pm
Defense attorneys moved to dismiss the class action; the district court granted the motion as to all claims in the class action complaint, id. [read post]
