Search for: "INDIRECT PLAINTIFF CLASS"
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4 Nov 2015, 4:00 am
The plaintiffs move for an order amending the class definition to shorten the class period to between November 1, 1998 to December 31, 2003 and to exclude persons who purchased products containing hydrogen peroxide or products using hydrogen peroxide (primarily indirect purchasers). [read post]
31 Oct 2015, 4:51 am
In evaluating whether to certify the proposed class of indirect purchaser plaintiffs, the Court noted that a “district court has broad discretion to grant or deny a class certification. [read post]
28 Sep 2015, 12:19 pm
Plaintiffs didn’t have to identify specific third parties with whom they had expectancies, given the allegation of an identifiable class—purchasers of corn, a commodity that is sold in a defined market. [read post]
24 Sep 2015, 8:48 am
” Contributory/vicarious infringement: For contributory infringement by a service provider, liability requires inducement or “direct control and monitoring of the instrumentality used by a third party to infringe the plaintiff’s mark. [read post]
22 Sep 2015, 8:01 am
The class action included only net losers. [read post]
10 Sep 2015, 8:29 am
The appeals court, sua sponte, held that the plaintiffs could invoke Basic’s presumption of indirect reliance. [read post]
12 May 2015, 10:24 am
Cipro holds that reverse payment settlements can be challenged under California’s Cartwright Act, thereby reviving class actions filed by California indirect purchasers. [read post]
26 Apr 2015, 10:07 pm
Most obviously, the pro-plaintiff outcome will help LearJet and the other end-users who brought or who will (by way of the class action mechanism) benefit from the litigation. [read post]
19 Apr 2015, 9:01 pm
Since Costa, both direct and indirect evidence have been permitted to support a finding that the plaintiff’s protected class status was a “motivating factor” for the decision. [read post]
28 Mar 2015, 8:24 am
The Court, rejecting the divergent interpretations of the parties, held that “a plaintiff alleging that the denial of an accommodation constituted disparate treatment under the Pregnancy Discrimination Act’s second clause may make out a prima facie case by showing, as in McDonnell Douglas, that she belongs to the protected class, that she sought accommodation, that the employer did not accommodate her, and that the employer did accommodate others… [read post]
Do pregnant workers get ‘most-favored-employee’ status in High Court’s pregnancy accommodation case?
26 Mar 2015, 11:05 am
In the majority’s view, this approach, though limited to the PDA context, was consistent with the longstanding rule that a plaintiff can use circumstantial proof to rebut an employer’s reasons for treating individuals in a protected class differently than others. [read post]
6 Mar 2015, 12:53 pm
The bottom line: The wrongful death plaintiffs cannot get a jury trial even though the arbitration agreement upon which the defendant relies to remove the case from court to arbitration was defective and unenforceable under Texas law. [read post]
27 Feb 2015, 4:58 am
Not being able to sue under federal antitrust laws because the Supreme Court says indirect purchasers are too remote to have a cognizable injury, the plaintiffs sued under state antitrust laws—adopted by half the union specifically to provide a claim not available under federal law—and state consumer protection laws. [read post]
18 Feb 2015, 1:30 pm
Ace Foam, Inc. 14-577Issue: (1) Whether the standing requirements of Article III apply to all members of a class certified under Federal Rule of Civil Procedure 23; and (2) whether certifying a class under Rule 23(b)(3) is improper where individualized damages issues predominate, and where plaintiffs rely exclusively on aggregate damages models that calculate damages purportedly incurred by the class as a whole, rather than by individual class members. … [read post]
8 Jan 2015, 11:09 pm
(Of course, it will matter for indirect purchaser class actions, but that’s an entirely different topic). [read post]
7 Jan 2015, 6:21 am
More specifically, the complaint made “only an indirect, inferential allegation of a causal link” and completely failed to address the qualification element. [read post]
14 Dec 2014, 1:52 pm
In general, 10 of the key decision making factors for plaintiff firms in bringing class cases under the Competition Act are as follows: 1. [read post]
18 Nov 2014, 1:28 pm
Alternatively, “a preliminary injunction is appropriate when a plaintiff demonstrates that serious questions going to the merits [are] raised and the balance of hardships tips sharply in the plaintiff’s favor. [read post]
14 Nov 2014, 3:13 am
The three-judge panel found that Plaintiff had established a likelihood of success on the merit as it was likely that she had a separate copyright in her performance. [read post]
22 Oct 2014, 6:14 am
” Thus, the court denied the plaintiffs’ motion to certify either the direct or indirect purchaser class. [read post]
