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17 Oct 2015, 2:03 pm by Rebecca Tushnet
  After NFL settled a class action, moved for SJ and dct granted it. [read post]
16 Oct 2015, 7:21 am by Joy Waltemath
” Justice Ginsburg noted, however, that the named plaintiff still retained a personal stake in the outcome: A class resolution would enable the lead plaintiff to spread the costs of attorneys’ fees, and he could be entitled to an incentive award as class representative. [read post]
15 Oct 2015, 11:52 am by Ronald Mann
And the equal-opportunity gauntlet of pointed questions that confronted all three counsel might lead you to think that the Justices are far from resolving this case. [read post]
14 Oct 2015, 9:35 am by Stephen D. Rosenberg
So is Osberg a tipping point that may lead the way to a less grudging view by the courts of equitable relief claims under ERISA where allegedly misleading plan communications are at issue? [read post]
5 Oct 2015, 8:14 am by Eric Goldman
Marya is the lead singer of a band that paid Warner/Chappell a $455 fee to make a recording of “Happy Birthday. [read post]
June 28, 2013), the Fifth Circuit held that the plaintiff failed to satisfy subsection (bb) because the complaint contained no information about the conduct of the local defendant relative to the conduct of the other defendants as it related to the claims of the putative class or even the lead plaintiff. [read post]
28 Sep 2015, 9:05 pm by Walter Olson
and more on litigation prospects [More: Car and Driver]; Housing advocates looking for plaintiffs to sue Bay Area town that refuses to make its housing supply denser [CityLab] Behind court’s strikedown of NYC Styrofoam ban [Erik Engquist, Crain’s New York; Entrepreneur] “Did Flint, Michigan Just Lead Poison Its Children? [read post]
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S. law.[4]  At the… [read post]
26 Sep 2015, 1:21 pm by Rebecca Tushnet
 Another important point from the paper: Descriptive use and trade dress provide us with big classes of cases in which even limiting liability to source confusion doesn’t do much to limit the scope [read post]
25 Sep 2015, 1:28 pm
According to her complaint, the lead plaintiff worked for the defendant from May through September 2012. [read post]
25 Sep 2015, 11:28 am by Mark Graber
In other words, race and region, rather than economic class or politics, explain the failure to embrace pro-plaintiff changes that occurred elsewhere.We suggest, therefore, that states that declined to discard antiquated anti-jury substantive doctrines between the mid-1960s and the mid-1980s should acknowledge that these precedents were tainted by their predecessors’ efforts to keep tort cases from African-American jurors and refuse to accord them deference. [read post]
23 Sep 2015, 4:40 pm by Kevin LaCroix
While the plaintiffs’ bar has had some recent successes bringing large consumer class actions after data breaches, those suits have not always succeeded, given — among other hurdles — issues of standing and causation. [read post]
20 Sep 2015, 8:40 am by Peter S. Lubin and Vincent L. DiTommaso
The lead plaintiffs of the proposed class action are Felicia Vidrio, who worked as a flight attendant for United, and Paul Bradley, who worked as a flight attendant for Continental. [read post]
18 Sep 2015, 10:56 am by Wystan Ackerman
If plaintiffs broaden the class in an attempt to avoid those issues, that can often mean that the class includes many people who have no potential entitlement to any relief and no standing to sue, leading to another series of defenses to class certification. [read post]
18 Sep 2015, 10:56 am by Wystan Ackerman
If plaintiffs broaden the class in an attempt to avoid those issues, that can often mean that the class includes many people who have no potential entitlement to any relief and no standing to sue, leading to another series of defenses to class certification. [read post]
18 Sep 2015, 10:56 am by Wystan Ackerman
If plaintiffs broaden the class in an attempt to avoid those issues, that can often mean that the class includes many people who have no potential entitlement to any relief and no standing to sue, leading to another series of defenses to class certification. [read post]
18 Sep 2015, 8:31 am by Matthew L.M. Fletcher
We affirm the district court’s denial of additional compensation for expenses for the lead plaintiff, Elouise Cobell, because the district court expressly wrapped those costs into an incentive award given to her earlier. [read post]