Search for: "INDIRECT PLAINTIFF CLASS"
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12 Jun 2020, 7:44 am
This does not mean, however, that indirect purchaser class actions can or should never be certified. [read post]
15 Aug 2008, 6:13 pm
The Supreme Court also expressed concern that if a direct purchaser were not allowed to sue for overcharges passed on to indirect purchasers, indirect purchasers would lack the incentive to bring an antitrust action. [read post]
8 Aug 2008, 6:13 pm
The Supreme Court also expressed concern that if a direct purchaser were not allowed to sue for overcharges passed on to indirect purchasers, indirect purchasers would lack the incentive to bring an antitrust action. [read post]
5 Aug 2014, 10:15 pm
We determined that declaratory judgment jurisdiction existed because the patentee’s charges of infringement against the declaratory judgment plaintiff’s customers carried an implied assertion that the declaratory judgment plaintiff was committing contributory infringement, and the patentee repeatedly communicated this implicit accusation directly to the declaratory judgment plaintiff during the course of a protracted negotiation process. [read post]
18 Jul 2022, 8:02 am
The term “disinterested person” means a person who: Is not a creditor, an equity security holder, or an insider; Is not and was not, within two years before the date of the filing of the petition, a director, officer, or employee of the debtor; and Does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the… [read post]
16 Feb 2013, 8:58 am
PROF'L CONDUCT R. 5.6(b).There are three main public policy rationales for Rule 5.6(b): (i) to ensure the public will have broad access to legal representation; (ii) to prevent awards to plaintiffs that are based on the value of keeping plaintiffs' counsel out of future litigation, rather than the merits of plaintiffs case; and (iii) to limit conflicts of interest. [read post]
21 Jun 2021, 6:36 pm
As way of background, to certify a class on behalf of all investors who purchased shares during a class period, plaintiffs usually invoke a presumption of reliance created by the Court in the Basic case. [read post]
16 May 2019, 12:15 pm
Apple cited the Illinois Brick case as authority, which held that direct purchasers may sue antitrust violators, but also ruled that indirect purchasers may not sue. [read post]
3 Dec 2020, 5:32 pm
Independent contractors are a unique class of visitors that do not fall precisely within any of the classifications. [read post]
11 May 2023, 5:01 am
An “interest in property,” they claim, entails a “legal or equitable claim to or right in property,” whether direct or indirect. [read post]
6 Jul 2012, 11:48 am
They can either present direct evidence (think: smoking gun) or through circumstantial proof (indirect but broad evidence to make a conclusion likely). [read post]
6 Jul 2012, 11:48 am
They can either present direct evidence (think: smoking gun) or through circumstantial proof (indirect but broad evidence to make a conclusion likely). [read post]
12 Jan 2011, 8:08 am
” In late December, 2010, the Delaware court allowed its plaintiffs in the class action to amend their petition against defendants Atlas Energy, Chevron, Arkhan Corporation (an indirect wholly-owned subsidiary of Chevron) and the directors of Atlas Energy. [read post]
17 Oct 2019, 10:10 am
The Salazar plaintiffs filed a class action alleging various wage and hour violations against both Haynes and McDonald’s on a joint employment theory. [read post]
14 Nov 2020, 3:35 am
At the same time, Google seeks to shot down a consolidated class action complaint brought on behalf of some smaller app developers.Google also faces class actions by consumers. [read post]
26 Mar 2014, 7:50 am
” So we ask whether Static Control falls within the class of plaintiffs Congress authorized to sue under §43(a). [read post]
23 Jun 2014, 10:19 am
In many cases, plaintiffs may be unable to obtain class certification where in the past they might have been able to have a class certified. [read post]
2 Oct 2010, 1:52 pm
Once it was clear that plaintiff had no plans to retire, several memos was written by the same supervisor criticizing plaintiff's management of the flood building. [read post]
31 Dec 2013, 7:44 pm
At its Conference on January 10, 2014, the Court will consider petitions seeking review of issues such as whether streaming live television is a “public performance,” class certification for a products liability class, a state law prohibiting abortions after twenty weeks, and Lanham Act claims arising from juice labels. [read post]
19 Dec 2015, 8:28 am
And the plaintiff must still determine whether to accept the remittitur on future economic damages. [read post]