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16 Sep 2011, 8:52 am
It entirely kills most class actions. [read post]
10 Oct 2012, 8:44 pm
Editor’s Note – This article is a joint submission to CAB and the BakerHostetler Class Action Lawsuit Defense Blog. [read post]
28 Jan 2007, 7:19 am
As a resource for class action defense attorneys who defend against RESPA (Real Estate Settlement Procedures Act) class actions, we provide the text of RESPA. [read post]
4 Jul 2007, 6:25 am
The district court subsequently held that SLUSA preempted all state-law claims in the class action complaints against Lehman and Merrill Lynch, and so dismissed the class actions. [read post]
21 Apr 2016, 6:30 am
Whatever the supposed benefits of a class action may be, they cannot defeat a defendant’s right to due process. [read post]
23 Jun 2014, 2:06 pm
In consequence, this means that defense expert event studies could come in earlier in the proceedings, before plaintiffs have the settlement leverage that comes with class certification. [read post]
27 Nov 2012, 2:03 pm
LEXIS 1207], revisiting its prior “class action waiver” opinion in Franco v. [read post]
22 Nov 2011, 5:00 am
Data Breach Class Actions: A panel discussion on privacy laws and cyber-related coverages for data breaches highlighted in my mind how that is a significant new area of class action exposure for insurers, in two different ways. [read post]
18 Jan 2007, 12:33 pm
Defense attorneys moved to dismiss the class action complaint on the ground that New Jersey law did not afford the remedy of medical screening in products liability cases; the trial court agreed and granted the motion to dismiss. [read post]
10 Jun 2012, 9:24 am
National Law Journal: Judge Reject's Cooley's ABA/NALP Defense in Fraud Case, by Karen Sloan: The ABA and NALP are not "indispensible absent parties" to a proposed fraud class action brought by 12 recent graduates against the Thomas M. [read post]
30 Jul 2020, 12:54 pm
I often represent small or, sometimes, struggling business in FLSA collective actions and Rule 23 class actions. [read post]
21 Feb 2011, 6:45 am
Co-authored by Lynn Kappelman and Michael Fleischer This question - what constitutes an effective Rule 68 offer of judgment to block or exit litigation - is all important to employers in all types of class actions and collective actions. [read post]
21 Feb 2011, 6:45 am
Co-authored by Lynn Kappelman and Michael Fleischer This question - what constitutes an effective Rule 68 offer of judgment to block or exit litigation - is all important to employers in all types of class actions and collective actions. [read post]
18 Jun 2014, 6:06 am
It illustrates the importance of exploring whether class members’ individual knowledge and experience is significant to the cause of action or defenses. [read post]
28 Sep 2016, 1:30 pm
In some cases, recommendations from the Alabama Sentencing Commission have encouraged the legislature to take certain actions, such as recently creating Class D Felonies within the state. [read post]
8 Aug 2012, 6:00 am
Here are a few things I gleaned from the Afterburner presentation that could be helpful in defending class actions and other complex litigation: Clearly Define Your Mission: Often in litigation the end game is not clearly defined. [read post]
21 Apr 2010, 9:02 pm
Class Action Complaint Properly Dismissed on Grounds that Tender by Defendant Made Prior to Court Ruling on Motion to Amend Complaint to Add New Party-Plaintiffs because Plaintiffs could have Filed Separate Lawsuit or Filed Original Lawsuit to Avoid Risk of Mootness Fifth Circuit Holds A putative class action was filed against Ticor Title, Chicago Title and others, alleging that Ticor “had overcharged them to record documents related to their residential… [read post]
28 Sep 2007, 4:05 pm
Friday's arguments in the class-action lawsuit against DuPont and New York-based T.L. [read post]
26 May 2011, 11:36 am
Statewide class actions were also potentially viable for the CPA claims. [read post]
8 Feb 2009, 7:04 am
Id. at *4 When analyzing arguments in defense of class action litigation, it pays to start up front with close consideration of the class definition. [read post]
