Search for: "Other Defendants-Class III-a, Class III-b, Class III-c"
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14 Feb 2014, 6:31 am
If the proposed change to Rule 26(b)(1) (adapted from Rule 26(b)(2)(C)(iii)) goes forward, there is concern that when a party withholds discovery on the basis of lack of proportionality, the requesting party will possess insufficient information to assess whether to challenge the withholding. [read post]
9 Feb 2014, 2:27 pm
The Warsteiner case is a perfect example of this (Case C-312/98 Schutzverband gegen Unwesen in der Wirtschaft e.V. [read post]
27 Jan 2014, 9:38 am
” And, second, “a trial-by-formula using statistical sampling is an improper means to try class claims, as it deprives a defendant of due process by precluding a defendant from proving its individual defenses against each class member. [read post]
24 Jan 2014, 12:57 am
Among the many questions that have arisen in the FDIC’s failed bank cases as individual defendants have tried to rely on the protection of the business judgment rule is whether or not the defense protects officers as well as directors (about which refer here) or whether it affords less protection to the directors and officers of banks than it does to corporate officials at other kinds of companies (about which refer here). [read post]
24 Jan 2014, 12:57 am
Among the many questions that have arisen in the FDIC’s failed bank cases as individual defendants have tried to rely on the protection of the business judgment rule is whether or not the defense protects officers as well as directors (about which refer here) or whether it affords less protection to the directors and officers of banks than it does to corporate officials at other kinds of companies (about which refer here). [read post]
16 Jan 2014, 7:21 am
§ 1252(a)(2)(C), which limits Article III jurisdiction over asylum and withholding of removal, implicitly stripped federal courts of jurisdiction over deferral cases. [read post]
31 Dec 2013, 7:44 pm
§ 1252(a)(2)(C), which limits Article III jurisdiction as to asylum and withholding of removal, restricts Article III jurisdiction in deferral of removal cases in the absence of statutory text to that effect. [read post]
17 Dec 2013, 11:57 pm
On the other hand, the bankruptcy process and the involvement of separate defense lawyers for the company and for individual defendants may create complications that delay settlement. [read post]
9 Dec 2013, 4:00 am
2, 2012, No. 06 C 6149) 2012 WL 689169, *1 (Driver).) [read post]
11 Nov 2013, 9:23 pm
Rev. 459 (2012) (concluding that American law has long treated First Amendment rights as belonging equally to the professional media and to other speakers); Scott Gant, We’re All Journalists Now: The Transformation of the Press and Reshaping the Law in the Internet Age (2007) (defending the wisdom of such equal treatment). [read post]
26 Oct 2013, 7:09 pm
The SYLLABUS can be accessed HERE.With this post I continue to share with the class and interested "others" summary study notes for the course readings. [read post]
1 Oct 2013, 5:53 pm
The SYLLABUS can be accessed HERE.With this post I continue to share with the class and interested "others" summary study notes for the course readings. [read post]
1 Oct 2013, 10:55 am
Second, the plaintiff asserted class claims under Rule 23(b)(2), which is easier in some respects than those under Rule 23(b)(3), but such claims must be ones for equitable relief. [read post]
29 Sep 2013, 6:53 pm
Division of Power: (a) Executive; (b) Legislative; (c) Judicial --U.S. [read post]
16 Sep 2013, 4:45 am
This was enough to confer Article III standing at the pleading stage (except for the claims that failed for other reasons). [read post]
2 Sep 2013, 7:51 am
That is, other issues can still delay "final" fund transfer to the Plaintiff such as, but not limited to (a) lien resolution (doctor / healthcare provider liens); (b) Medicare and/or Medicaid issues; (c) calculation of costs and other documentation; (d) simple "clearance" of the check(s); and (e) numerous other issues. [read post]
25 Aug 2013, 1:44 pm
B. [read post]
21 Aug 2013, 7:08 am
July 31, 2013) This is follow-on consumer class litigation over Clorox’s Fresh Step cat litter marketing (previous discussion of class action; previous discussion of Lanham Act prequel). [read post]
15 Aug 2013, 8:10 am
(Pix (c) Larry Catá Backer 2013)In 2010, the faculty at Penn State Law approved the creation of a new concept course, to be named "Elements of Law". [read post]
8 Aug 2013, 2:42 pm
C. 802), other than a single offense involving possession for one's own use of 30 grams or less of marijuana; Second, 237 (a) (2) (A) (iii) of the Act pertains to an aggravated felony as defined in section 101 (a) (43) (B) of the Act, an offense relating to the illicit trafficking in a controlled substance as described in section 102 of the Controlled Substances Act, including a drug trafficking crime as defined in section 924 (c) of Title 18 of the… [read post]
