Search for: "LEAD CLASS PLAINTIFFS"
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26 Apr 2012, 5:26 pm
Gentry held that even where an employment arbitration agreement expressly waives class arbitration the trial court can invalidate the class arbitration waiver if the trial court finds, based on several factors, that: (1) a class arbitration is likely to be a significantly more effective practical means of vindicating the employees’ rights than individual litigation or arbitration, and (2) disallowance of the class action would likely… [read post]
26 Apr 2012, 4:30 am
The Court noted that under Cardarelli and Greenwich Financial, the pivotal question in determining whether the securities exception bars removal was whether a plaintiff’s claims arose under the terms of an instrument that created or defined securities or plaintiff’s claims arose under an independent source of state or federal law. [read post]
25 Apr 2012, 1:14 pm
Presented with a class certification motion, a trial court must examine the plaintiff's theory of recovery, assess the nature of the legal and factual disputes likely to be presented, and decide whether individual or common issues predominate. [read post]
25 Apr 2012, 1:07 pm
A class was certified in 2000. [read post]
25 Apr 2012, 5:12 am
more plaintiffs and a longer class period lead to more work days and higher alleged damages. [read post]
24 Apr 2012, 1:10 pm
Answer: a group of plaintiffs who filed a nationwide putative class action alleging that Wesson’s labeling of the product as “100% Natural” is false and misleading because the manufacturer “uses plants grown from genetically modified organism seeds. [read post]
23 Apr 2012, 12:33 am
HORATIO O day and night, but this is wondrous strange! [read post]
20 Apr 2012, 6:24 pm
Lawyers leading a class-action lawsuit in federal court in Manhattan against the directors of Bank of America over its purchase of Merrill Lynch have agreed to settle the matter for $20 million even though damages in the case could reach $5 billion, according to plaintiffs in a parallel suit against the bank's board in Delaware. [read post]
20 Apr 2012, 10:18 am
If you look at defendants’ arguments in Louboutin, there’s real doubt about what it is that the plaintiff is seeking to claim. [read post]
19 Apr 2012, 1:37 pm
” “The people and businesses of the Gulf Coast stand to reap great benefits from these settlements,” said plaintiffs counsels, James P. [read post]
19 Apr 2012, 8:00 am
This decision may lead to an increased use of these types of programs. [read post]
19 Apr 2012, 7:59 am
., Jennifer Riley, and David Ross When one thinks of the judicial venues responsible for leading class action rulings, the District Court of Polk County, Iowa, does not immediately come to mind. [read post]
19 Apr 2012, 4:23 am
Thanks to commenter wfjag for directing our attention to this December AP dispatch with its truly wince-making example of Lead Plaintiff Fail: The lead plaintiff in a class-action discrimination lawsuit filed by black workers against the state of Iowa is expected to plead guilty Wednesday to using her position at Iowa Workforce Development to carry out a fraud scheme in which she embezzled $43,000 in benefits meant for jobless Iowans. [read post]
19 Apr 2012, 2:32 am
Indeed, the trend of more exacting scrutiny of class definitions has been recognized by one of the nation’s leading class action defense attorneys, John Beisner. [read post]
18 Apr 2012, 12:19 pm
Even the lead plaintiff must do that in order to officially be part of the class. [read post]
18 Apr 2012, 5:15 am
Thomas Newkirk, lead plaintiffs’ attorney, promised to appeal the decision. [read post]
18 Apr 2012, 4:30 am
The Court relied on a leading case Breakman v. [read post]
17 Apr 2012, 10:02 am
The Ninth Circuit joined the Eighth Circuit in finding the claims preempted, see In re Medtronic Inc., Sprint Fidelis Leads Prods. [read post]
17 Apr 2012, 8:21 am
He agrees that the recession helped drive the growth in lawsuits, but he says that’s because many laid-off workers became lead plaintiffs in class-action suits to reap financial windfalls after they couldn’t find new jobs. [read post]
16 Apr 2012, 1:37 pm
” As every law student learns either in their Torts class or Evidence class or both, Federal Rule of Evidence 407 says: When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove: negligence; culpable conduct; a defect in a product or its design; or a need for a warning or instruction. [read post]
