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20 Jan 2016, 8:23 pm
While 'stare decisis furnishes almost the same advantages as a class action', Weinstein, Revision of Procedure: Some Problems in Class Actions, 9 Buffalo L.R. 433, 446, there is an important difference: '* * * the Stare decisis doctrine is an elastic one allowing the litigant to challenge the soundness of an outstanding decision whereas, under the doctrine of Res judicata, the decision is binding even though it is plainly wrong', It is… [read post]
6 Oct 2010, 11:21 am
It is very rare that trials in securities class action cases proceed to trial. [read post]
19 Dec 2011, 1:42 pm
We know fees for plaintiffs’ lawyers in securities class actions took a dive this year, but what about payouts in shareholder derivative suits? [read post]
30 Jul 2018, 2:04 pm
The 2016 final rule bans both mandatory and voluntary pre-dispute arbitration agreements, whether or not they contain opt-out clauses, and class action waivers for borrower defense claims by schools receiving Title IV assistance under the HEA. [read post]
22 Feb 2007, 4:03 am
We'd love to see the Williams due process right to present individual defenses applied in the class action context.If at first we don't succeed, we'll try, try again. [read post]
2 May 2012, 1:27 am
To try to develop a way to predict likely case outcome at the outset of a securities class action lawsuit, four academics conducted a detailed statistical analysis of securities class action settlements in order to identify factors that affect outcomes. [read post]
19 May 2021, 2:00 pm
Dukes decision from 2011 remains a critical defense in employment discrimination class actions. [read post]
8 Nov 2022, 8:23 am
However, none of the defendants mounted a defense, resulting in a default judgment against them. [read post]
6 Oct 2010, 10:05 am
(As most readers of this blog are probably aware, the case concerns the enforceability of class-action bans in consumer and employment agreements.) [read post]
24 Jan 2014, 5:00 am
The Washington Post reported last week that the salaries for the federal judiciary increased on January 1 after federal judges won a class action lawsuit last year challenging Congress’s refusal to give them cost-of-living increases. [read post]
29 Feb 2024, 9:54 am
Plaintiffs filed a class action suit against Nvidia alleging that Nvidia falsely advertised a game streaming feature for its Shield line of devices which was later disabled, thus depriving consumers of a paid feature and devaluing their devices. [read post]
6 Aug 2013, 9:58 am
Our Birmingham criminal defense lawyers are not health care professionals, but given the man's age and sudden aggressiveness of his actions, it wouldn't surprise us if it was revealed the man had a form of dementia. [read post]
3 Oct 2017, 4:25 pm
But the low levels of coverage available under these kinds of sub-limits means that they proved relatively limited defense expense protection in the event of a group claim or a class action claim. [read post]
9 Nov 2010, 12:47 am
That appears be what has happened with the Schwab YieldPlus subprime-related securities class action lawsuit. [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]
16 Oct 2015, 7:21 am
” What about the class action? [read post]
12 Nov 2016, 1:21 pm
Plaintiffs in a class-action lawsuit now seek to vacate thousands of convictions in which evidence was produced by those breath-testing machines. [read post]
12 Nov 2016, 1:21 pm
Plaintiffs in a class-action lawsuit now seek to vacate thousands of convictions in which evidence was produced by those breath-testing machines. [read post]
10 Jul 2017, 9:27 pm
It's always been about whether consumers could bring class actions. [read post]
17 Jan 2020, 11:33 am
The decision is a must-read for corporate counsel on class action litigation over workplace policies in general, and Rule 23 defenses in particular. [read post]