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19 Mar 2015, 6:00 am by Administrator
” The patient may point to the fact that the health care scheme created by federal and provincial legislation draws a distinction between insured and non-insured services, leading to differential treatment between patients whose medical care is covered and those whose medical care is not. [read post]
19 Mar 2015, 4:26 am by Kevin LaCroix
  Along those lines, at the PLUS D&O Symposium in New York in February, one of the leading plaintiffs’ securities attorney, when asked to make a prediction about future litigation trends, expressly said that he expects there to be significant data breach related litigation – and he added that he hope to be the one bringing the claims. [read post]
17 Mar 2015, 4:53 pm by Seyfarth Shaw LLP
The Spokeo petition poses a question with a significant impact on the future scope of consumer and workplace-related class actions: whether Congress can confer standing on a plaintiff who suffers no concrete harm, but who instead alleges only a statutory violation? [read post]
16 Mar 2015, 5:52 am by Rebecca Tushnet
Uber nonetheless claimed to have “best-in-class commercial insurance,” with “almost 20x the requirements taxis have in Houston. [read post]
13 Mar 2015, 4:11 pm by John C. Manoog III
  The suit has three named plaintiffs – two from California and one from Oregon – but seeks to represent a class of others in California and across the country who are similarly situated. [read post]
13 Mar 2015, 4:40 am by John-Paul Boyd
Each removes a specific class of dispute from the courts’ trial jurisdiction and vests it in the hands of specialist decision-makers cloaked with the degree and type of process necessary to the dispute – a sort of governmental outsourcing of public functions. [read post]
13 Mar 2015, 4:00 am
  For years after Friends, there seemed to be trend toward acceptance of medical monitoring around the country for classes of plaintiffs who would not have been able to recover damages under traditional tort principles because they did not have compensable, present injuries. [read post]
12 Mar 2015, 4:45 am by Kevin LaCroix
  Class Action Lawsuit with Three- Day Class Period Filed: I think for any of us that follow securities class action litigation ,we are very accustomed to the idea that the length of the class periods identified in the lawsuit complaints vary widely. [read post]
11 Mar 2015, 12:12 pm
 Since the leads are Class III, PMA approved devices – they are subject to the rigors of both Riegel and Buckman preemption. [read post]
3 Mar 2015, 6:03 pm by Stephen Bilkis
On that night plaintiff had attended night classes at a school in Long Island City. [read post]
3 Mar 2015, 12:16 pm by Seyfarth Shaw LLP
During 2011 and 2012, plaintiffs filed a number of class and individual actions against Capital One alleging that it violated the TCPA by calling class members’ cell phones using an automated dialing system and/or by using prerecorded messages in its calls to class members to collect on credit card debit. [read post]
3 Mar 2015, 11:19 am by Arthur F. Coon
The trial court denied plaintiffs’ writ of mandate challenging the approval, finding that substantial evidence supported the applicability of the Class 3 and 32 exemptions, and that Guidelines § 15300.2’s exception did not apply – notwithstanding acknowledged evidence from Karp of potentially significant effects – because the proposed project presented no unusual circumstances. [read post]
27 Feb 2015, 4:58 am
  Again, we might have thought it the job of the plaintiffs to show that their proposed class was actually a proper class of people/entities with a common injury, because the commonality between injured and uninjured people would tend to be nonexistent. [read post]
25 Feb 2015, 12:50 am by Kevin LaCroix
This provision requires, among other things, that the plaintiff publish nationwide notice of the pending action, alerting members of the purported class that they can seek to be appointed lead plaintiff, and that the court thereafter appoint lead plaintiff based on the rebuttable presumption that the plaintiff with the largest alleged loss is the “most adequate plaintiff. [read post]
24 Feb 2015, 9:01 pm by Michael C. Dorf
Failure in the district court and the appeals court could lead to a petition to the U.S. [read post]
24 Feb 2015, 2:24 pm by John Jascob
Connecticut Retirement Plans and Trust Fund, which held that plaintiffs in 10b-5 litigation need not prove the materiality of alleged misrepresentations at the class certification stage, with its June 2014 decision in Halliburton Co. v. [read post]
23 Feb 2015, 4:14 pm by Arthur F. Coon
Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for fifty years. [read post]