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20 Nov 2014, 4:42 am
” Hain could offer any defenses to individual claims in the damages phase.The class action, naturally, was superior to no lawsuit, which was the only realistic alternative. http://tushnet.blogspot.com/feeds/posts/default? [read post]
10 Sep 2009, 3:04 pm
It also seemingly forgot that Rule 23 is a procedural rule that is not intended to rewrite substantive law; in a class action, defendants must be allowed to present the same defenses to individual claims that they would have presented if the claims were brought individually. [read post]
10 Sep 2009, 3:04 pm
It also seemingly forgot that Rule 23 is a procedural rule that is not intended to rewrite substantive law; in a class action, defendants must be allowed to present the same defenses to individual claims that they would have presented if the claims were brought individually. [read post]
6 Apr 2020, 6:50 am
This is different from a class action. [read post]
19 Apr 2016, 4:28 pm
Frequently, a class action complaint will set forth an elaborate theory of why the defendant’s actions were negligent or wrongful, but fall short when trying to identify how that conduct has harmed the class members. [read post]
31 Oct 2011, 5:00 am
In other words, a class action should not be able to alter substantive law. [read post]
3 Aug 2007, 1:58 pm
In Class Action Alleging Violations of Federal Fair Labor Standards Act (FLSA), $3,000 Rule Crafted by District Court as Exception to Overtime Pay Lacked Support in Record and was Unworkable in Practice Ninth Circuit Holds Plaintiffs, former and current insurance claims adjusters for Farmers Insurance Exchange, filed a class action against their employer alleging that they were misclassified as exempt employees and denied overtime pay in violation of the… [read post]
20 Jun 2013, 3:42 am
Cardozo Law Professor Myriam Gilles made her name as a class action scholar when, years before Concepcion, she identified (and publicized) the defense tactic of requiring potential plaintiffs to arbitrate their claims instead of bringing class actions. [read post]
13 Jun 2023, 3:15 am
– Securities class action filing rates will be higher in 2023 than in both 2022 and 2021. [read post]
28 Feb 2019, 2:59 pm
The February 2019 paper, written by Stephen Choi of New York University Law School, Jessica Erickson of University of Richmond Law School, and Adam Pritchard of the University of Michigan Law School, entitled “Risk and Reward: The Securities Class Action Fraud Class Action Lottery,” can be found here. [read post]
17 Apr 2019, 9:07 pm
Tiger Brands received a summons relating to the class action lawsuit this week. [read post]
2 Nov 2021, 8:29 am
appeared first on Class Actions Brief. [read post]
30 Aug 2006, 10:55 pm
NOTE: The Sixth Circuit noted that the defense had not sought removal under the Class Action Fairness Act (CAFA), Slip Opn., at 3. [read post]
19 Jun 2009, 11:06 am
How many professors have fallen back on the "I reserve the right to get smarter" defense on why your scholarly perspectives have changed? [read post]
3 Oct 2011, 8:11 am
In my article on Tibble, Hecker and excessive fee claims in the Journal of Pension Benefits, I took exception to the idea that Tibble effectively barred holding retail share offerings and explained that, under the detailed fact based approach applied by the court in Tibble, holding retail share classes instead of institutional share classes would not be actionable, even if the former were more expensive than the latter, if there are legitimate “issues with… [read post]
7 Sep 2016, 7:47 am
Topics: Developments on the Class Action Front Defenses: Ascertainability, Superiority, Predominance Is prior express consent an element or an affirmative defense? [read post]
6 Jun 2007, 5:46 am
In these consolidated class actions, defendants allegedly offered plaintiffs auto insurance at rates that were higher than the most favorable rates offered by the companies. [read post]
31 Jul 2007, 6:00 am
The fact that class members must individually demonstrate their right to recover, or that they may suffer varying degrees of injury, will not bar a class action; nor is a class action precluded by the presence of individual defense against class plaintiffs [read post]
27 Nov 2022, 5:00 pm
Engine Defect Cost GM $103mmIn a California federal court, a class action was filed against auto-manufacturing giant General Motors LLC (GM). [read post]
31 May 2011, 7:00 am
A potential impact of this opinion is the encouragement of defense counsel wanting to avoid massive class action certifications by searching for and presenting facts that demonstrate any uniqueness in the claims of named and putative class members. [read post]
