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10 Jun 2016, 7:35 am
I am skeptical that threat letters will admit that the only thing a plaintiff in such cases can legitimately seek is a disclaimer. [read post]
9 Jun 2016, 9:01 pm
Makaeff withdrew as the lead plaintiff in the case. [read post]
7 Jun 2016, 8:23 am
And there are law firms that specialize in this litigation, even putting together groups of plaintiffs to bring actions against alleged violators – seeking damages including statutory damages (meaning that no real injury needs to be proven). [read post]
4 Jun 2016, 8:23 am
The Section suggests that Article 1 may benefit from clarification that it applies only to actions in which the listed classes of plaintiffs have a direct interest in the contents of the resolutions, and not to derivative actions under Article 151 of the Company Law. [read post]
2 Jun 2016, 5:17 pm
However, some Uber drivers, including the lead plaintiff, Douglas O’Connor, feel that the settlement was grossly insufficient, and that the underlying issue as to whether drivers should be treated as employees rather than contractors remains unresolved. [read post]
2 Jun 2016, 12:56 pm
In cases involving disparate impact, plaintiffs do not have to show that a defendant company intended to discriminate—just that its policies or actions had the discriminatory effect of excluding protected classes of people from key opportunities. [read post]
2 Jun 2016, 10:14 am
Brandstorm uses the brand name “HIMALANIA,” and have a registration for the word, but it only covers fruits and snacks classes (International Classes 29, 31, and 32). [read post]
31 May 2016, 3:04 pm
Because remand rulings are not appealable, defendants may find themselves consigned to litigating the plaintiffs’ federal securities class action lawsuit in state court, a jurisdiction in which plaintiffs potentially enjoy a number of advantages. [read post]
26 May 2016, 7:22 am
She runs through the named plaintiffs in potentially important impact litigation "filed last Thursday by a Washington D.C. group called Equal Justice Under Law, which has been challenging what it calls money bail practices in federal court cases filed all across the United States. [read post]
25 May 2016, 5:31 pm
According to a May 12, 2016 post by Bill Boeck on the Lockton website entitled “The Scourge of Website ADA Claims” (here), there has recently been wave of these kinds of ADA claims, much of it led by a single plaintiffs’ class action law firm. [read post]
24 May 2016, 11:30 pm
Robins, a case that examined the question of whether a plaintiff who sued for a technical violation of the Fair Credit Reporting Act (FCRA) could maintain Article III standing for a class action without claiming any real-world injury. [read post]
23 May 2016, 8:42 am
Lead counsel for class plaintiffs have asked for a status conference to discuss extending the current pre-trial schedule in light of the court of appeals decision. [read post]
23 May 2016, 6:28 am
In Tiffany v. eBay, the Second Circuit already “recognized that a defendant may lawfully use a plaintiff’s trademark where doing so is necessary to describe the plaintiff’s product and does not imply a false affiliation or endorsement by the plaintiff of the defendant. [read post]
23 May 2016, 4:12 am
And ordering DoJ lawyers to take a three hours ethics class doesn’t make them ethical. [read post]
21 May 2016, 5:42 am
In In re Zapos, the retailer’s servers were breached in January 2012 leading to the alleged theft of the personal information of 24 million Zappos’s customers. [read post]
20 May 2016, 2:03 pm
Matwyshyn: classes of trusted intermediaries have special roles and liabilities in this regime. [read post]
20 May 2016, 6:00 am
The question would become, but for the telecommunications company creating the ability for text messages to be sent, would the plaintiff have been injured? [read post]
19 May 2016, 1:33 pm
From what we can tell, without anything terribly dramatic, the drug was also one of several in the class associated with a possible small increase in the risk of developing Type 2 diabetes. [read post]
18 May 2016, 12:03 pm
Lead plaintiffs will not be able to assert mere statutory violations as a means to show standing with respect to each absent putative class member. [read post]
18 May 2016, 9:59 am
On the one hand, plaintiffs could perceive state courts as a more favorable forum for securities suits that may lead them to do their best to assert state law claims that do not permit removal under the standard articulated in Manning. [read post]
