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13 Jun 2023, 9:10 am
A second offense may result in Class B misdemeanor charges, and a third offense (or a second offense involving harassment or abuse) will be charged as a Class A misdemeanor. [read post]
28 Apr 2010, 8:00 am
The decision also does not address the fairness defenses that are available to consumers under general state contract law. [read post]
20 Apr 2011, 10:23 am
In addition to generating caselaw bearing on whether large class action damages constitute “annihilating” penalties that render individual actions superior to class treatment, the Fair and Accurate Credit Transactions Act (FACTA) also defines the common term willfulness, a measure of conduct with considerable application beyond FACTA consumer class actions, or wage-and-hour class actions. [read post]
23 Mar 2009, 3:26 am
It's published by Paul Karlsgodt, a partner in the firm's Denver office, and a member of the Class Action Defense practice group. [read post]
21 May 2018, 8:46 am
Employers who maintain mandatory arbitration programs with class waivers can be assured for the time being that those waivers provide a valid defense to a collective or class action. [read post]
16 Feb 2010, 8:09 pm
The issue in this class action concerned the middle group of employees. [read post]
25 Apr 2019, 8:09 am
Employee Frank Varela filed a class action in federal district court, and Lamps Plus moved to compel individual arbitration based on the arbitration agreement that Varela signed when he started at the company. [read post]
23 Mar 2016, 11:57 am
According to the majority, if some central issues present common questions, the action may be considered proper under Rule 23(b)(3) even though other important matters will have to be tried separately, such as damages or some affirmative defenses peculiar to some individual class members. [read post]
23 Mar 2016, 11:57 am
According to the majority, if some central issues present common questions, the action may be considered proper under Rule 23(b)(3) even though other important matters will have to be tried separately, such as damages or some affirmative defenses peculiar to some individual class members. [read post]
14 Aug 2012, 2:21 am
Three plaintiffs filed an FLSA class action (and collective action) against DirectSat USA, LLC. [read post]
20 Oct 2011, 7:03 am
We and other defense counsel often raise constitutionality defenses to PAGA claims and raise those arguments at various stages of the cases. [read post]
12 Mar 2013, 5:00 am
Employers are also entitled to litigate any individual affirmative defenses they may have to class members' claims. [read post]
30 May 2013, 2:02 pm
This issue is of significance to employers in workplace class action litigation, since interpretations of the CAFA is important to defense strategy in removal situations. [read post]
30 May 2013, 2:02 pm
This issue is of significance to employers in workplace class action litigation, since interpretations of the CAFA is important to defense strategy in removal situations. [read post]
15 Nov 2011, 11:54 am
This would be a welcome change from the persistent drum beat of enhanced enforcement initiatives announced by government agencies and upticks in class and collective actions this year. [read post]
6 Feb 2009, 7:09 am
(Lord knows, we can use all the help we can get.)So we welcome aboard our new visitors who came through this link from Russell Jackson's Consumer Class Actions and Mass Torts blog.We're also delighted to be spared the effort of writing up Williams v. [read post]
24 Feb 2014, 8:19 pm
So many other class actions raise likely issues of typicality, representativeness, or unity of interest among represented classes that the Court is sure to have the chance to visit the area before long, if it wishes, in other cases bubbling up from the lower courts; of the variety of fact patterns these new cases will present, some may be more compelling for the defense side. [read post]
8 Oct 2009, 7:38 am
The defendant also had asserted the defense of primary jurisdiction, asking the court to stay proceedings pending action by the FDA. [read post]
3 Apr 2017, 8:00 am
After years of additional litigation, Chipotle moved to decertify the collective class and the plaintiffs moved to certify several smaller state law class actions. [read post]
25 Jun 2013, 7:03 am
If there are fewer employment class actions, and fewer class actions against banks and credit card companies, and perhaps even against product manufacturers, then the plaintiffs’ class action bar will either largely give up their line of work (which seems unlikely), or they will focus more intently on the industries that have not adopted arbitration. [read post]
