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30 Sep 2011, 5:12 am
That second set of motions was also denied, in an order issued earlier this month holding that Concepcion does not nullify all unconscionability-based defenses to the enforcement of arbitration agreements and class action waivers, and laying out a roadmap for post-Concepcion unconscionability analysis. [read post]
8 Jan 2014, 4:30 am
A similar due process argument was made in a putative class-action lawsuit against the towns of Riverdale Park and Forest Heights, filed in April 2012 in U.S. [read post]
25 Mar 2015, 6:23 am
The Court’s Ruling The Court certified the proposed class action, stating that “[t]his action is uniquely suitable for class certification. [read post]
5 Jun 2007, 5:21 am
The district court agreed and granted summary judgment in favor of the defense; based on this ruling, the court found it unnecessary to address plaintiffs’ motion to certify the lawsuit as a class action. [read post]
15 Aug 2007, 6:18 am
The district court certified the litigation as a class action, id., at 1208-09. [read post]
26 May 2010, 8:29 am
On April 27, 2010, Northern District Court Judge, Claudia Wilken, certified a proposed class action in Sullivan v. [read post]
16 Jun 2017, 4:29 am
While the lawsuit challenges the overall final rule, CAPPS also filed a motion for a preliminary injunction in which it asked the court to preliminarily enjoin only the final rule’s arbitration ban and class action waiver provisions pending the resolution of the lawsuit. [read post]
1 Sep 2015, 7:36 pm
Of 61 practice areas examined, law professors were the most liberal, beating out, among others, civil rights lawyers, class action lawyers, environmental lawyers and, yes, public defenders.Courtesy of TaxProfBlog.Here is the breakdown by practice area: [read post]
11 Feb 2008, 1:12 am
As detailed in this Reuters story, class-action attorney Bill Lerach has lots of notable supporters as he faces sentencing on Monday:Famed San Diego class-action attorney William Lerach has asked a federal judge to sentence him to a year in prison and to let him serve half that stretch at home as punishment for his role in a client kickbacks scheme, according to court papers filed Friday. [read post]
21 May 2015, 4:40 am
The five prerequisites for class certification are set forth in Rule 1702: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; (4) the representative parties will fairly and adequately assert and protect the interest of the class under the criteria… [read post]
4 Jan 2024, 7:00 am
Meet the East Valley’s Premier Legal Defense Team Child endangerment can be a hefty charge with harsh penalties, especially if the action could lead to a risk of death or serious injury. [read post]
23 Sep 2014, 7:00 am
Likewise, the court ruled that the factual allegations in the complaint were sufficient to survive a pre-certification motion to dismiss in regard to the other Rule 23(a) class action requirements of numerosity, typicality, and superiority. [read post]
20 Aug 2008, 9:19 pm
Thus, the proliferation of employment class actions in recent years presents employers with a bit of a conundrum -- do the perceived benefits of arbitrating single plaintiff claims outweigh the perceived detriments of arbitrating employee class actions? [read post]
28 Apr 2011, 3:35 pm
Supreme Court in a 5/4 decision curtailed the application of California's unconscionability contract defense as a basis for invalidating an arbitration agreement in an adhesionary contract that barred class arbitrations, the arbitral equivalent of class actions. [read post]
17 Jul 2017, 1:41 pm
Last, in In re Massey Energy Company Derivative and Class Action Litigation, C.A. [read post]
27 Jun 2008, 5:18 am
So Eclipse filed a class action case against Compliance. [read post]
16 Oct 2012, 8:36 am
The company refused and the individuals filed separate actions seeking judicial declarations of their advancement and indemnification rights. [read post]
31 Mar 2011, 8:22 am
She pressed Sellers as to whether his argument precluded Wal-Mart from raising individual defenses. [read post]
7 May 2014, 7:18 am
Class action plaintiffs’ lawyers and their allies generally do not like arbitration, especially where the arbitration agreements effectuate a waiver of the ability of a worker or a consumer to bring a class action. [read post]
21 Mar 2022, 11:24 am
That said, however, given the arguable advantages to plaintiffs’ lawyer’s in pleading this type of case in this way, there may be an attraction for plaintiffs’ lawyers to pursue these kinds of Delaware state court direct action cases, either in lieu of a securities class action, or is the case here, in parallel to a separately filed securities class action suit. [read post]
