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19 Sep 2013, 9:53 am
She said that self-reporting from physicians about patterns of practice that may be controversial shows both conscious reluctance and unconscious bias, which lead them to deny being influenced. [read post]
19 Sep 2013, 7:43 am
To satisfy Rule 23(b)(3), “a plaintiff must establish that the issues in the class action that are subject to generalized proof, and thus applicable to the class as a whole predominate over those issues that are subject only to individualized proof. [read post]
19 Sep 2013, 7:27 am
To satisfy Rule 23(b)(3), “a plaintiff must establish that the issues in the class action that are subject to generalized proof, and thus applicable to the class as a whole predominate over those issues that are subject only to individualized proof. [read post]
19 Sep 2013, 7:27 am
To satisfy Rule 23(b)(3), “a plaintiff must establish that the issues in the class action that are subject to generalized proof, and thus applicable to the class as a whole predominate over those issues that are subject only to individualized proof. [read post]
17 Sep 2013, 1:53 pm
It might be true that the fans and alumni deserve an exciting gridiron challenge, but young athletes deserve the chance to lead long and healthy lives after they hang up their jerseys. [read post]
17 Sep 2013, 11:31 am
In re Medtronic, Inc., Sprint Fidelis Leads Prods. [read post]
13 Sep 2013, 5:00 am
If you were wondering why we went on for a while at the beginning of this post about the importance of class certification rules, we were leading up to this holding. [read post]
10 Sep 2013, 12:50 pm
The plaintiffs may respond that this oversells the clarity of Section 6-111. [read post]
10 Sep 2013, 1:45 am
As well-detailed in a September 6, 2013 memo from the Morrison Foerster law firm entitled “Corruption Allegations in China Lead to a Shareholder Class Action in the U.S. [read post]
9 Sep 2013, 8:43 pm
The Court went on to observe that a “lead plaintiff of a putative class cannot reduce the amount in controversy on behalf of absent class members, so there is no justification for assigning to the allegation weight so significant that it affects a defendant's right to a federal forum under § 1332(d)(2). [read post]
9 Sep 2013, 6:36 am
Just “passively” reciting statements in the ads wouldn’t do it; that just leads to reliance for the claims against LP. [read post]
9 Sep 2013, 12:05 am
Canadian Courts May Attract Securities Claims, But Claimants Still Must Show They Belong There: Much has been written (on this site and elsewhere) about the possibility that Canada might become a destination for would-be securities plaintiffs. [read post]
6 Sep 2013, 5:23 pm
"CPLR 3101 requires revelation of inadmissible testimony that may lead to discovery of admissible evidence." [read post]
6 Sep 2013, 2:18 pm
Displeased with the decision, and unable to appeal outright, the lead plaintiffs moved for voluntary dismissal of their claims to create a final appealable order that could be appealed. [read post]
5 Sep 2013, 9:53 am
Additionally, as a class action, a judge must first approve the settlement, in order to ensure that it is fair for all of the class members, particularly those who are not named, or main plaintiffs to the litigation. [read post]
4 Sep 2013, 5:52 am
Indeed, it is not unusual for an employee not to even meet his or her attorney before the attorney files a wage-hour suit, or for that attorney to file a wage-hour class action with minimal, if any, investigation. [read post]
4 Sep 2013, 4:52 am
Indeed, it is not unusual for an employee not to even meet his or her attorney before the attorney files a wage-hour suit, or for that attorney to file a wage-hour class action with minimal, if any, investigation. [read post]
3 Sep 2013, 6:00 am
(In class actions that is essentially irrelevant because it would be the very rare case where the plaintiffs would have a large number of documents anyway.) [read post]
3 Sep 2013, 2:04 am
The plaintiffs appealed. [read post]
30 Aug 2013, 12:05 pm
Moreover, the "plaintiff does not identify how the leads failed or how her injury was caused by defective leads." [read post]
