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20 Jul 2009, 4:55 am
Plaintiffs’ counsel moved the district court to certify the litigation as a class action; defense attorneys opposed the motion in part on the ground that “individual issues predominated and that class treatment was not superior,” and “pointed to a number of exemptions under the FLSA (applicable through the UCL) and California labor law that would require individualized inquiries. [read post]
12 Jan 2016, 8:06 am
Likewise, the on-going defense of a class action can drain corporate resources long before the case reaches a decision point. [read post]
31 Aug 2012, 1:01 pm
If the Ninth Circuit holds with the newspaper, Ninth Circuit employers will have a stronger defense against class action lawsuits. [read post]
30 Sep 2008, 6:47 am
And really important class action appellate decisions. [read post]
29 Apr 2009, 10:42 am
It is defense counsel’s role to hold plaintiffs to those standards and demonstrate, if possible, that a collective action is inappropriate. [read post]
12 Apr 2024, 4:23 am
Certainly defensible… [read post]
8 Nov 2017, 12:46 pm
(“FCRA”) class action on summary judgment – no small feat in the Ninth Circuit. [read post]
10 Aug 2009, 10:26 am
Some class action settlements are highly questionable. [read post]
7 Jul 2011, 3:18 pm
claims and the variances in defenses to them. [read post]
16 Sep 2008, 12:00 pm
The parties filed cross-motions for summary judgment; the district court granted the defense motion and entered judgment in favor of Coca-Cola on the class action claims. [read post]
29 Aug 2013, 12:38 pm
Two separate defects are alleged, but remember that this class action is really two class actions. [read post]
21 Jun 2019, 3:55 pm
Finding no such conflict, the Ninth Circuit emphasized “the fundamental differences between PAGA actions and class actions. [read post]
25 Jul 2011, 10:46 am
The Court also held that the typicality requirement was not met because there were defenses unique to the named plaintiff and other managers in the putative class that did not apply to associate class members. [read post]
11 Jul 2011, 11:52 am
The decision is yet another major decision from the Court this term relating to class actions. [read post]
13 Jan 2009, 8:26 am
Professor Baker's paper attempts to answer a popular question: Do the merits affect the settlement amounts in securities class actions? [read post]
31 Jan 2013, 2:54 am
Skadden's Insights/Global LitigationWhere to find it: Here.What's to like: A brief, incisive review of class action practice by defense guru John Beisner and his partner Jessica Miller. [read post]
12 Dec 2013, 1:14 pm
It may be possible to enter into arbitration agreements with putative class members that include class action waivers (both in court and in arbitration) even with regard to an existing class action. [read post]
24 Jan 2007, 2:15 pm
The defendant's later motion to decertify the class action and collective action under the FLSA was denied at Wang v. [read post]
19 Jul 2023, 6:29 am
Enforcement of Arbitration Agreements and Class Action Waivers Like any contract, arbitration agreements and class action waivers are subject to state contract defenses like fraud, duress, and unconscionability. [read post]
25 Nov 2010, 9:23 am
One of the bittorrent copyright defendants who has been victimized targeted by the law firm of Dunlap, Grubb & Weaver, a/k/a the US Copyright Group, has filed a class action lawsuit against the law firm. [read post]
