Search for: "INDIRECT PLAINTIFF CLASS"
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26 Jan 2013, 8:43 am
The classes are often composed not only of the purchasers who bought directly from one of the defendants, but also the so-called indirect purchasers who bought from a direct purchaser or in a distribution chain from another indirect purchaser. [read post]
28 Dec 2012, 1:57 pm
We don’t like third-party payer class actions, whether formal class actions or brought under some other purported method of aggregation. [read post]
20 Dec 2012, 8:02 pm
Dow is the last remaining defendant in the case, as the class and opt-out plaintiffs have settled their claims against competing manufacturers Bayer, BASF, Huntsman, and Lyondell.The plaintiffs in the case provided sufficient direct and indirect evidence of a price fixing conspiracy involving Dow to allow a reasonable jury to find that such a conspiracy existed, the court held. [read post]
3 Dec 2012, 9:38 am
Finally, in our product liability cases - in the Second Circuit immediately, and in other circuits once this rationale is adopted - plaintiffs will no longer be [read post]
11 Nov 2012, 11:18 pm
” Because of the near-impossibility of establishing commonality of direct reliance on alleged misstatements in securities fraud litigations, plaintiffs typically rely on a rebuttable presumption of common indirect reliance on the integrity of the market price for the securities at issue. [read post]
19 Oct 2012, 1:15 am
The ADA’s Impact on Wellness Programs Wellness initiatives seek to boost employee productivity and reduce both direct and indirect medical costs, which are desirable outcomes for employers. [read post]
21 Sep 2012, 7:14 am
The defendants’ motion to dismiss argued that because the plaintiffs are indirect purchasers, and buy the parts from retailers at the least expensive price, they failed to prove antitrust injury. [read post]
29 Aug 2012, 10:09 pm
The latest entrant to patent settlement agreement litigation is a Class Action Complaint filed in the U.S. [read post]
21 Aug 2012, 5:24 am
Pool Corp. is seeking to dismiss the claims of two different purported classes – direct purchasers (such as pool supply stores, golf courses and hotels) and indirect purchasers. [read post]
16 Aug 2012, 9:30 am
One way to broaden the class size is to include employees of the employer’s sister companies in the class under the theory that the sister companies’ parent company qualifies as the plaintiffs’ “joint employer. [read post]
10 Aug 2012, 6:52 am
Plaintiffs, a class of ATM cardholders, alleged that several banks colluded with the STAR ATM network to fix the interchange fees paid by the banks, which the banks then passed on to plaintiffs as part of the foreign ATM fee. [read post]
8 Aug 2012, 5:00 am
Plaintiff lawyers will never acknowledge that preemption is called-for, or that there should be a limit to e-discovery. [read post]
7 Aug 2012, 3:15 pm
STACY LIPSCOMB, Plaintiff, v. [read post]
1 Aug 2012, 1:41 am
The plaintiffs’ complaint names as defendants the 16 banks that were members of the U.S dollar Libor panel during the class period. [read post]
31 Jul 2012, 1:23 am
The purported plaintiff class also seems somewhat heterogeneous. [read post]
30 Jul 2012, 1:25 pm
FINRA, the party arguing for a class action waiver has suffered an indirect, yet critical, defeat. [read post]
26 Jul 2012, 10:33 am
§ 15(a) -- which grants a private right of action for treble damages to “any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws” -- with a general rule that “[a]s a general matter, the class of plaintiffs capable of satisfying the antitrust-injury requirement is limited to consumers and competitors in the restrained market and to those whose injuries are the means by which the defendants seek to… [read post]
23 Jul 2012, 12:14 am
The Libor scandal first began to unfold more than four years ago, but the with dramatic announcements in late June of the imposition of fines and penalties of over $450 million against Barclays PLC, the scandal has shifted into a higher gear and is now the leading story in financial papers around the world. [read post]
14 Jul 2012, 3:40 pm
Under the indirect method in an other adverse employment action case, the plaintiff must allege: the plaintiff is a member of a protected class; the plaintiff was satisfying the employer’s legitimate expectations; the plaintiff suffered an adverse employment action (e.g., demotion, pay cut, discipline, etc.); and similarly situated employees outside plaintiff’s protected class were treated more favorably under… [read post]
7 Jul 2012, 1:41 am
., Plaintiff, v. [read post]