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16 Apr 2012, 1:37 pm by Max Kennerly, Esq.
” 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]
 And this discriminatory or disparate impact should lead courts to be skeptical of the law and strike it down for that reason. [read post]
1 May 2012, 12:58 pm by Law Lady
Burlington County Bd. of Chosen Freeholders, 19 No. 3 Westlaw Journal Class Action 2, Westlaw Journal Class Action April 19, 2012 A split U.S. [read post]
24 Aug 2023, 11:18 am by Kevin LaCroix
Much has changed in the years since – it is now rare to see a securities class action without an accompanying derivative lawsuit, and additionally, derivative lawsuits are more frequently filed without a companion securities class action. [read post]
12 Feb 2015, 9:01 pm by Vikram David Amar
The reason for this is that the weight of authority tends to suggest—as a leading casebook puts things—that “a [federal district] court can enjoin [a] defendant only with respect to the defendant’s treatment of plaintiffs actually before the court, either individually or as part of a certified class” (emphasis added). [read post]
1 Sep 2018, 9:00 am by Michael H Cohen
” More recent news is that the class-action lawsuit has been dismissed, first voluntarily by the lead plaintiff without prejudice, and thereafter by a federal judge, with prejudice. [read post]
28 Apr 2015, 4:17 pm by Mark Walsh
Just a week or so before the arguments, a few of the plaintiffs were unsure whether they would get seats. [read post]
3 Jan 2011, 5:15 am by J Robert Brown Jr.
  But the message was obscured by two actions that betrayed hostility towards counsel for plaintiffs in general. [read post]
16 Jul 2015, 5:35 pm by Kevin LaCroix
The authors found, however, that the additional disclosure does not affect voting, leading them to conclude that supplemental disclosures do not in fact constitute a shareholder benefit and therefore should not serve as the basis for the payment to the plaintiffs’ attorneys of their fees in a merger objection lawsuit settlement. [read post]
22 Oct 2023, 9:01 pm by renholding
The Circuit Split On October 2, 2014, the Ninth Circuit in In re NVIDIA Corporation Securities Litigation held that a violation of Item 303 of Regulation S-K was not actionable by private litigants under Section 10(b) of the Exchange Act.[8] NVIDIA is a publicly traded semiconductor manufacturer that, in the spring of 2008, disclosed two product defects leading to a $150-200 million charge to cover costs arising from the defects.[9] A class of investors later claimed that NVIDIA… [read post]
18 Nov 2009, 7:16 am by Sean Wajert
In this instance, plaintiffs’ position “leads to absurd results. [read post]
27 Oct 2020, 7:54 am by Aviel Menter
However, in several states, absentee voting is available only to certain classes of voters who might have particular difficulty reaching the polls, such as the elderly or those who expect to be out of town on Election Day. [read post]
27 Oct 2020, 7:54 am by Aviel Menter
However, in several states, absentee voting is available only to certain classes of voters who might have particular difficulty reaching the polls, such as the elderly or those who expect to be out of town on Election Day. [read post]
27 Oct 2017, 12:52 pm by James Innocent
Is the plaintiff a member of the class the statute is meant to protect? [read post]
18 Jul 2019, 12:28 pm by Kevin LaCroix
For example, in the securities class action lawsuit filed in November 2018 against the utility company Edison International, the plaintiff shareholder alleges that investors were misled about the company’s fire safety readiness and vulnerability if there were to be a wildfire. [read post]
7 Jun 2010, 11:52 am by Gene Quinn
”  This patent application became a central focus of the amended complaint, filed on June 2, 2010, leading the plaintiffs to add a fourth claim for relief under 47 USC 605. [read post]