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15 Sep 2016, 7:05 am
Nor did the FAA mandate a contrary result because it recognizes a general contract defense of illegality. [read post]
6 Sep 2011, 12:39 pm
Indeed, they can apply to a wide variety of class actions. [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]
7 Apr 2010, 1:22 pm
Here's a little tidbit from our friends over at the Mass Tort Defense Blog for all of you class action information junkies . . . [read post]
7 Apr 2010, 1:22 pm
Here's a little tidbit from our friends over at the Mass Tort Defense Blog for all of you class action information junkies . . . [read post]
28 Oct 2008, 11:55 am
FLSA Class Action Plaintiffs Required to Disclose Evidence of Computation of Damages under Rule 26(a) and Failure to do so Justified District Court Order Granting Motion In Limine Barring such Damages Evidence at Trial as Sanction under Rule 37 Ninth Circuit Holds Plaintiffs filed a class action against Construction Protective Services alleging violations of the federal Fair Labor Standards Act (FLSA) and of the California Labor Code. [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]
5 Jun 2008, 2:56 pm
Just posted to Dave Gottlieb's No-Fault Paradise blawg is this report of the filing of a new action in New York County Supreme Court seeking class status and declaratory relief only against State Farm, AutoOne, General Assurance, OneBeacon, NICB, the NYS Superintendent of Insurance, "John Doe Insurance Companies", and some "Enforcer Counsel" defense law firms in relation to those entities' alleged illegal and "bad faith" handling of… [read post]
18 Mar 2020, 11:52 am
Overtime class, collective action. [read post]
17 Jun 2020, 7:02 am
In this blog post, we outline items that businesses need to have in their defense arsenals as they start responding to and defending post-COVID-19 class actions. [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]
1 Feb 2007, 4:55 am
Defense attorneys objected on the ground that "[plaintiff] was never a member of the class alleged in his complaint, and therefore lacked standing to obtain discovery to locate a proper class representative. [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 Sep 2013, 2:08 am
Judge Posner is often considered to be a pro-defense jurist, particularly in the area of class actions. [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]
12 Oct 2010, 4:30 am
In fact, there are so many people who have had this happen that some smart plaintiff's lawyer filed a putative class action for them, perhaps hoping to get new $2,000 TVs for everyone. [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]
10 Sep 2021, 12:47 pm
Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. [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]
