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6 Mar 2007, 4:54 am
Defense attorneys then moved for summary judgment arguing that, despite his refusal to accept the check, the tender mooted plaintiff's claim thereby depriving the court of subject matter jurisdiction over the class action. [read post]
26 Jan 2012, 3:19 pm by Wystan M. Ackerman
  Mark Perry made an interesting point about a sometimes overlooked part of the class action rule requiring that courts certifying a class “must define the class and the class claims, issues, or defenses . . . . [read post]
6 Jul 2015, 6:00 am by Wystan Ackerman
Defend under a reservation of rights and incur substantial class action defense costs until the coverage issue is resolved in a declaratory judgment action (if the court will decide that before the underlying case is resolved)? [read post]
18 Aug 2008, 12:07 pm
Defense attorneys moved to dismiss the class action under Rule 12(b)(6) for failure to adequately allege loss causation; the district court agreed and dismissed the class action complaint. [read post]
6 Sep 2012, 3:14 am by Andrew Trask
And, for class action defendants, the verdict is a bad one. [read post]
31 Jul 2013, 5:25 pm by Wystan M. Ackerman
Last week I attended the Defense Research Institute (DRI) Class Action Seminar in Washington, DC. [read post]
15 Nov 2011, 3:30 am
I have this vision of the defense attorneys in this case saying to the Judge, "Oh, by class action you mean 'class action' not 'class action like. [read post]
21 Jul 2007, 11:43 am
To aid class action defense attorneys anticipate the claims against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. [read post]
16 Feb 2012, 5:00 am by Wystan M. Ackerman
  But if a defense is valid and a defendant would be entitled to put on evidence in support of it in an individual trial, under this decision (and Wal-Mart), the defendant must have the right to put on its defense, in some reasonable manner, in a class action trial. [read post]
8 Jan 2019, 7:36 am by Ronald Mann
Jackson responded by asserting both defensive claims against Citibank and a class action against Home Depot and another party, alleging a variety of consumer-protection claims. [read post]
28 Mar 2017, 6:22 am by Wystan Ackerman
Corporate groups and the defense bar have sung its praises, and the plaintiffs’ bar has railed against it. [read post]
4 Oct 2008, 2:14 pm
To assist class action defense attorneys anticipate the kinds of class actions against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. [read post]
1 Dec 2007, 7:27 am
To aid class action defense attorneys anticipate the types of class actions against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. [read post]
10 Apr 2008, 5:03 am
The class action alleged violations of both state and federal law, and sought to proceed both as a class action under Rule 23 and as a collective action under 29 U.S.C. [read post]
8 Nov 2008, 10:01 pm
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. [read post]
3 Mar 2008, 4:09 am
Defense Removal of Class Action to New York Federal Court under CAFA (Class Action Fairness Act of 2005) was not Objectively Reasonable thus Warranting Award of Attorney Fees to Plaintiff Following Remand of Class Action to State Court Plaintiff filed a putative class action lawsuit in New York state court against Circuit City. [read post]