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27 Jan 2009, 2:13 pm
Finally, the court noted that affirmative defenses related to each trademark in the putative class would add another level of analysis in determining the final class. [read post]
22 Mar 2012, 8:55 am
I emphasize again that the first line of defense in collective actions is the individuality theory. [read post]
8 Oct 2008, 12:08 pm
Accordingly, the Ninth Circuit affirmed the district court order dismissing the class action complaint with prejudice. [read post]
6 Oct 2011, 1:31 pm
AT&T moved to compel arbitration and to dismiss the class claims on the grounds that the service contract included an arbitration clause with a class action waiver. [read post]
31 Jan 2008, 10:33 am
The claims or defenses of the representative parties are typical of the claims or defenses of the class; and 4. [read post]
7 Feb 2008, 4:00 pm
Class actions get a bad rap from people who compare big fees that lawyers earn with small payments that class members receive. [read post]
20 Jul 2012, 9:11 am
Other clients for whom class certification or class actions were defeated by Freudenberger and his class action defense team include U.S. [read post]
18 Feb 2009, 12:21 pm
New York class action lawyer Russell Jackson started blogging because, of course, he wanted to join the conversation about his practice area, mass torts and consumer class actions. [read post]
27 May 2015, 7:00 am
” The insurer accepted the defense of the actions, and of the CID, but with the inevitable reservation of rights. [read post]
1 Feb 2017, 6:06 am
Supreme Court as it shaped and refined the scope of potential liability and defenses in ERISA class actions. [read post]
25 Feb 2009, 1:13 pm
Once the plaintiff in Wiener amends the complaint to add into the action another named plaintiff who actually bought DanActive, we can expect the court to certify the class action using the specious "presumption of reliance" that robs the defendant of its ability to present individual defenses regarding what actually motivated the product purchase decision. [read post]
18 May 2010, 7:46 pm
Circuit Court of Appeals threw out that the purported class action, finding that the complaint did not meet the controversial heightened pleading standards required under two recent U.S. [read post]
9 Aug 2012, 8:36 am
Defendant continues to state:However, STATE FARM maintains, as is part of its First Affirmative Defense that RIOS’ actions did contribute to her injuries complained of and therefore any recovery by RIOS is diminished or extinguished thereby. [read post]
20 Apr 2016, 8:40 am
Also influential was a class action suit against Williamson County regarding people charged with misdemeanor cases not getting counsel assigned. [read post]
14 Apr 2014, 8:00 am
The putative class action was filed in February of 2012. [read post]
19 Apr 2007, 5:19 am
In Case that will have Direct and Substantial Impact on Labor California Law Class Action Cases, California Supreme Court Rejects Defense Argument that Additional Pay Awards under Labor Code § 226.7 Constitute “Penalties” Subject to One-Year Statute of Limitations and Holds that such Awards Constitute “Wages” Subject to Three-Year Statute of Limitations Plaintiff, a store manager at a Kenneth Cole Productions clothing… [read post]
22 Aug 2013, 3:24 am
2d Circuit Opens Door to Class Action Waivers Continuing my series of posts this week on recent Second Circuit FLSA cases, today I’ll talk about class action waivers and arbitration clauses. [read post]
10 Feb 2011, 6:45 am
Fortunately or unfortunately, not all upsetting or even mean-spirited conduct in the workplace is actionable. [read post]
24 Mar 2016, 12:00 am
Defense attorneys demurred to the class action complaint on the grounds that a ZIP code is not personal identification information within the meaning of Song-Beverly. [read post]
24 Mar 2011, 6:05 am
Defense attorneys demurred to the class action complaint on the grounds that a ZIP code is not personal identification information within the meaning of Song-Beverly. [read post]
