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7 Oct 2011, 7:53 pm
The Class argued that this defense did not create invididual issues barring class-certification as the defense of full disclosure was common the entire class given Advanced's claim that it told all customers that the fee wasn't a government mandated fee or tax as the fee's name allegedly suggested it was. [read post]
7 Oct 2011, 7:53 pm
The Class argued that this defense did not create invididual issues barring class-certification as the defense of full disclosure was common the entire class given Advanced's claim that it told all customers that the fee wasn't a government mandated fee or tax as the fee's name allegedly suggested it was. [read post]
14 Aug 2020, 9:02 am
The cases teach a variety of lessons for both labeling and playing class action defense. [read post]
11 Oct 2007, 8:23 am
Of course, they prefer to settle class actions and grab multimillion dollar fees while recovering token amounts for class members. [read post]
9 Aug 2010, 11:58 am
Concepcion, the Supreme Court will decide whether companies can use the fine print of contracts to ban class actions by consumers or employees for discriminatory, fraudulent, or deceptive practices. [read post]
19 Aug 2008, 12:30 pm
Plus, as class action defense types, who would not love Wal-Mart, a company that unfairly and routinely incurs the wrath of many a group of disgruntled employees. [read post]
13 Jan 2010, 6:00 am
In a recent case, the Eighth Circuit illustrated the power that plaintiffs wield in a putative class action through Rule 20 of the Federal Rules of Civil Procedure. [read post]
25 Jul 2023, 4:28 pm
” But if the company loses the litigation, can investors then bring a securities class action alleging that opinion was false? [read post]
12 Jun 2007, 5:37 am
After discovery, however, employers often move to decertify the class and the courts then apply a “stricter” standard that focuses on the disparate factual employment settings of the individuals, the various defenses available to the employer, and fairness and procedural considerations. [read post]
2 Nov 2015, 9:54 am
None of the 562 class actions studied by the CFPB went to trial. [read post]
11 Jul 2023, 6:32 pm
In making clear that posting online videos that are only incidental to a company’s core business is not subject to the VPPA, Carroll supports a strong threshold defense to future VPPA claims. [read post]
29 Jan 2009, 4:23 am
The Court therefore remanded the class action to the district court with instructions to enter summary judgment in favor of the defendants. [read post]
7 Jun 2013, 4:28 am
[here], the court concluded that the plaintiff could not bring her claim as a collective action because there was no factual nexus between her alleged experiences and the experiences of a proposed nationwide class of over 2,000 current and former assistant branch managers. [read post]
18 Dec 2009, 9:39 am
District Judge Phyllis Hamilton of the Northern District of California preliminarily approved the $12.8 million settlement in the class action involving about 660 potential class members. [read post]
27 May 2023, 8:22 am
For these reasons, I remain skeptical of all class action lawsuits by copyright owners. [read post]
31 Jul 2012, 8:29 am
A threshold requirement to a Rule 23 action is the actual existence of a class which is sufficiently definite and identifiable. [read post]
14 Dec 2011, 4:56 pm
If it can be shown that a large group of people became ill from a food defect, the victims may join together and file a class action lawsuit. [read post]
29 Nov 2011, 11:59 am
I am still cautious, however, about urging clients to incorporate arbitration provisions and class action waivers in every employee handbook as I worry about the specter of a dozen (or hundred) individual employee arbitrations where the claims and defenses are the same, which is why the “class action” manner of proceeding was “invented. [read post]
23 Jul 2007, 5:09 am
The district court granted the defense motion, but the Seventh Circuit reversed and reinstated the class action. [read post]
19 Jun 2007, 9:47 am
Should the Automobile Association of America - AAA - worry about a class action suit when it gives a group of lodgings two diamonds as opposed to three. [read post]
