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14 Sep 2011, 2:13 pm
In In re Hydroxycut Marketing and Sales Practices Litigation, 20 named plaintiffs filed a class action complaint, and numerous individual plaintiffs filed personal injury claims, alleging that a holding company, its subsidiaries, and several retailers marketed and sold the Hydroxycut products as being safe and effective for weight loss, when the claims were not clinically proven and were associated with serious health risks. [read post]
28 Oct 2010, 5:45 pm
(In other words, many defense lawyers would say, it’s about what you face in all class actions.) [read post]
4 Aug 2011, 10:00 am
Thus, even as to an individual defense with complex underlying factual determinations, such challenges can be localized in specific sub-classes, preserving both the defendant’s due process rights and the efficiencies of class actions, rather than warranting a sweeping denial of class certification. [read post]
4 Aug 2011, 10:00 am
Thus, even as to an individual defense with complex underlying factual determinations, such challenges can be localized in specific sub-classes, preserving both the defendant’s due process rights and the efficiencies of class actions, rather than warranting a sweeping denial of class certification. [read post]
25 Feb 2015, 10:15 am
The 6-3 Court stressed that the "state-action" defense to Sherman Act claims may not apply "when the State seeks to delegate its regulatory power to active market participants". [read post]
10 Jan 2018, 7:47 am
Likewise, the on-going defense of a class action can drain corporate resources long before the case even reaches a decision point. [read post]
26 Apr 2007, 2:44 pm
Stepney, a wonderful opinion on joint defense privilege, which I use in class. [read post]
7 Jan 2020, 10:28 am
At the same time, the prosecution and defense of class action litigation has been transformed over the past decade. [read post]
7 Jan 2020, 10:28 am
At the same time, the prosecution and defense of class action litigation has been transformed over the past decade. [read post]
7 Aug 2009, 10:42 am
If accepted, that defense argument dooms a class action. [read post]
18 May 2023, 9:19 am
” Torrentfreak tells us: Interestingly, YouTube says that it won’t pursue a DMCA safe harbor defense if the court denies a pending class-certification motion and the matter proceeds as an individual action instead. [read post]
16 Nov 2009, 8:11 pm
His class action complaint followed, id. [read post]
6 Feb 2018, 3:16 pm
The engaging discussion focused on four key trends that were identified in the 2018 Workplace Class Action Litigation Report, including: (1) the monetary value of the top workplace class action settlements rose dramatically in 2017; (2) while federal and state courts issued many favorable class certification rulings for the plaintiffs’ bar in 2017, evolving case law precedents and new defense approaches resulted in better outcomes for… [read post]
22 Apr 2021, 3:58 am
In addition, the more classes a company’s applications cover, the greater the chance that there will be office actions and oppositions with which to contend. [read post]
21 Jun 2011, 9:47 am
" In short, "a class cannot be certified on the premise that Wal-Mart will not be entitled to litigate its statutory defenses to individual claims. [read post]
5 Jul 2011, 1:10 pm
A panel of speakers from the plaintiffs' class action bar and defense bar will lead the discussion, including Gerald (Jerry) L. [read post]
15 Aug 2011, 9:40 am
They were concerned that nothing in the settlement prevented the debt buyers from later pursuing a class member for an alleged debt, but the settlement may preclude the class member from claiming as a defense that an affidavit is fraudulent. [read post]
3 May 2023, 8:44 am
The McGoveran decision illustrates how Article III standing should remain the operative focus of any privacy class action defense. [read post]
3 May 2023, 8:44 am
The McGoveran decision illustrates how Article III standing should remain the operative focus of any privacy class action defense. [read post]
3 May 2023, 8:44 am
The McGoveran decision illustrates how Article III standing should remain the operative focus of any privacy class action defense. [read post]
