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15 Jan 2014, 4:30 am
  We know preemption is generally treated like a defense, so one might say that there is no obligation for a complaint to plead around all defenses. [read post]
22 Apr 2013, 5:00 pm
Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292. [read post]
9 Jan 2012, 8:33 am by Neil Rosenbaum
The court’s “predominance” analysis relied mostly on pre-Wal-Mart jurisprudence and concepts (not surprisingly, as Wal-Mart was a (b)(2) class action where predominance was not required). [read post]
17 Dec 2013, 9:39 am
Engle was a class action that was later decertified creating thousands of "progeny" cases. [read post]
21 Sep 2012, 9:47 am by Mark Tabakman
  However, this premise proved to be the plaintiffs undoing as the contention called for the very individual scrutiny that dooms a class action. [read post]
1 Aug 2009, 8:41 am
During the pretrial coordination taking place in New Orleans regarding the Chinese drywall class actions taking place across the country, a judge has recently indicated steering committees may be named soon. [read post]
4 Oct 2021, 1:39 pm by Javier Dominguez
PodhurstFOUNDER & PARTNER, PODHURST ORSECK, MIAMI Podhurst Orseck has taken on some of the most high-profile and complex cases in the country, including cases involving aircraft accidents and high-stakes class action and mass torts involving aviation, products liability, personal injury and wrongful death claims, as well as complex commercial litigation and white-collar defense. [read post]
30 May 2019, 6:27 am
Defense Strategies for Assault Charges If you have been charged with assault or battery, you may be able to defend against these charges by claiming that you acted in self defense or in defense of property and that your actions would not have happened if you had not already felt threatened. [read post]
1 May 2012, 2:17 am by Andrew Trask
Much has been written in the last few years about cy pres relief (relief that goes, not to class members, but to ) in class action settlements. [read post]
21 Jun 2011, 4:00 am by Jon Hyman
It means that the best defense against a class action might be a policy directing decision-makers to follow the law. [read post]
20 Dec 2011, 8:04 am by Sean Wajert
Rule 23(a)(3) requires that “the claims or defenses of the representative parties [be] typical of the claims or defenses of the class. [read post]
17 Jul 2012, 2:34 am by Andrew Trask
What forms of adjudication are superior to class actions? [read post]
27 Nov 2007, 7:01 pm
  Update:  WSJ.com law blog reports on the verdict, and describes a securities fraud class-action trial as "rare as a pygmy marmoset. [read post]
16 Jul 2012, 7:27 am
 I am inclined to include a provision invalidating the entire arbitration agreement if a class action waiver is found to be unenforceable or unconscionable to avoid that risk. [read post]
16 Jul 2012, 7:27 am
 I am inclined to include a provision invalidating the entire arbitration agreement if a class action waiver is found to be unenforceable or unconscionable to avoid that risk. [read post]
12 Aug 2011, 7:24 am by Mark Tabakman
There is no job classification or category that is immune to “sponsoring” a FLSA collective action. [read post]
28 Feb 2013, 11:18 am by Pierre Bergeron
  In this regard, the Court found that the named representatives were not adequate under Rule 23 nor was the class action vehicle superior. [read post]