Search for: "AMERICAN PRINCIPLES IN ACTIONÂ "
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27 Apr 2011, 11:09 am
In doing so, the court evaluated the validity of a class arbitration waiver “under the federal substantive law of arbitrability,” not under state law contract principles. [read post]
24 Mar 2010, 10:54 am
So the question becomes, what does the state law have to say about whether it’s adopted an expansive version of American Pipe tolling for a class action filed in another jurisdiction? [read post]
10 May 2014, 1:37 pm
To that end, it set out an ambitious consultation and information gathering process with the following milestones: February 2014: Open Consultation on the strategic elements of national action plans in the implementation of the Guiding Principles on Business and Human Rights;February 2014: Launch of the Working Group's “State national action plans” online repository and annual review process;April - May 2014: Online consultation on a national… [read post]
2 Jun 2011, 3:22 pm
The problem is that in the specific context of a personal injury mass tort, the application of American Pipe federal class action tolling seems to infringe on a defendant’s ability to defend itself -- in violation of due process principles. [read post]
4 Apr 2011, 9:01 pm
The precautionary principle--which is widely in use in Europe and used to a less substantial degree in American law--holds that where some untested technology or other course of action holds out a potentially large but currently unknown risk, the burden of proof should be on the proponents of the technology or course of action to prove that it is safe, rather than on the regulator to prove that it is unsafe, before proceeding. [read post]
5 May 2007, 12:53 pm
(What makes those actions "unlawful"? [read post]
29 Apr 2009, 12:10 am
The district council took action against the Church after removing an assistant pastor who had been accused by one faction in the congregation of taking Church funds. [read post]
12 May 2017, 12:45 pm
From Objectives Based Principles to the Embedding of Principle in the Necessary Provisions of Principles Based Treaty Drafting. 33 A. [read post]
3 Jun 2024, 7:30 am
If Americans do not recognize this truth, government cannot adequately address the sobering problems facing America today. [read post]
25 Jun 2012, 12:53 pm
Dukes to class action wage hour cases. [read post]
4 Aug 2020, 11:55 am
It is thus in his interest to plan for such an outcome, because a president deemed illegitimate by a significant fraction of the country will be severely constrained in the actions he could take to counter adversarial Russian activities. [read post]
30 Aug 2012, 8:01 am
Career Opportunity ADVOCACY and POLICY COUNSEL – CRIMINAL JUSTICE [ASD-21] American Civil Liberties Union Foundation Affiliate Support and Advocacy Department, NY The American Civil Liberties Union Foundation (ACLU), founded in 1920, is a nationwide, nonprofit, nonpartisan organization with more than 500,000 members dedicated to the principles of liberty and equality embodied in the U.S. [read post]
13 Feb 2018, 12:00 am
The court held the class action suit failed to state a claim because Plaintiffs could not show statements made by StoneMor between March 2012 and October 2016 misled or materially harmed investors. [read post]
15 Aug 2013, 12:38 pm
[A]iding and abetting a crime against humanity is a well established offense under customary international law, and actions for redress of this crime have frequently been recognized by American courts as part of the subclass of lawsuits for which the ATS furnishes jurisdiction.... [read post]
21 Dec 2016, 5:57 am
* "The Department’s actions violate law and are contrary to basic principles of fairness and deeply damaging to the critical public service missions of these plaintiffs and the ABA. [read post]
30 Sep 2015, 5:01 pm
’s “loser pays” principles being the most important part. [read post]
26 Nov 2023, 1:21 pm
The actions of these conservative Republican lawyers are increasingly becoming the new normal. [read post]
9 Jun 2011, 3:23 am
The more likely the foreign court is to recognize a U.S. class judgment, the more likely that an American court will include those foreigners in the U.S. class action. [read post]
29 Oct 2014, 2:08 am
Thus the Guardianship Model of the modern class action represents a synthesis of traditional procedural aggregation and a form of guardianship, reminiscent of the fiduciary manner in which guardians legally function under long established principles of equity. [read post]
14 Dec 2015, 1:06 pm
It is a bedrock principle of Anglo-American law that “no man is allowed to be a judge in his own cause,” as James Madison put it in Federalist 10. [read post]
