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3 Apr 2020, 6:08 am
” The court further distinguished a PAGA action from a class action, noting that, in a class action, the representative plaintiff who voluntarily settles their claim no longer has an interest in the class and may lose the ability to represent the class. [read post]
18 Mar 2015, 5:00 pm
Action will come one way or the other. [read post]
26 Nov 2010, 2:02 pm
Additionally, the court concluded that "[d]espite the strong policy in favor of certification, individual issues of injury, causation, and affirmative defenses defeat the superiority of class treatment. [read post]
10 Aug 2010, 6:10 am
Regular readers of this blog know that there are a plethora of decisions dismissing class actions brought by so-called "third party payors" (e.g., union health and benefit plans) to recover sums they paid for medicines that their members took. [read post]
28 Nov 2018, 1:43 pm
Even though, until today, I had no idea there was a pending class action about the thing.Water polo is a rough sport. [read post]
10 Aug 2007, 1:00 am
It is an affirmative defense to a civil action for damages for personal injury that the plaintiff, at the time the cause of action arose, was committing a felony for which the plaintiff has been convicted and which was the cause of the damages suffered.More on unforeseen consequences to come. [read post]
26 Aug 2019, 8:09 am
If a student violates any of those rules, he/she will be subject to disciplinary action. [read post]
19 Dec 2017, 8:51 pm
Haffajee reviews the historical development of the litigation from the early individual personal injury claims and class actions to what has snowballed into a massive onslaught of public entity claims. [read post]
10 Apr 2017, 5:19 am
” Citibank argued that there was little practical difference between “broad-based public injunctions and … class-wide relief” since neither were necessary to protect individual rights but just to help nonparties.To the contrary, public injunctions were substantive statutory remedies made available to individuals, not procedural devices like the class action. [read post]
23 Apr 2013, 2:02 am
Many of the options backdating cases were filed as derivative suits rather than as securities class action lawsuits (largely because the options backdating disclosures did not always result in the kinds of significant share price declines required to support a securities class action lawsuit). [read post]
16 Jun 2014, 10:00 am
The post Phoenix Man Charged with Luring a Minor for Sexual Exploitation first appeared on Criminal Defense Law. [read post]
1 Dec 2008, 10:42 am
Plaintiffs continue to believe that claims based on unfair and deceptive trade practices acts are somehow easier to certify as class actions because of differing notions of reliance and causation. [read post]
6 Sep 2011, 7:16 pm
Plaintiffs ask the Court to find that Concepcion has changed nothing, and that the class action waivers in the arbitration agreements may still be the basis for finding them unconscionable. [read post]
29 Aug 2018, 3:00 am
Moreover, the class action allegations were directed at the Racketeering Defendants, not Pizzolato individually. [read post]
21 May 2009, 2:13 pm
" This is one of many places where the final draft reminds readers that class actions are peculiarly disfavored in cases of personal injury. [read post]
25 Jan 2007, 10:36 am
Too many times, we have struggled to get access to class members, over the objection of defense counsel whom we know (sometimes only based upon information given to us by class members who refuse to provide sworn statements out of a fear of retaliation) to be out interviewing, or overseeing the interviewing of, putative class members who want nothing to do with any conversation with a defense lawyer. [read post]
4 Dec 2015, 7:13 pm
If your attorney can successfully argue that your actions were not intended to be sexual in nature, you may be acquitted. [read post]
19 Feb 2014, 7:57 am
The attack immediately spawned dozens of class action lawsuits against Bullseye by customers, alleging that the retailer was negligent in protecting their financial information. [read post]
6 Aug 2010, 6:47 am
A federal court in New York recently denied an effort to dismiss a consumer class action based on allegedly deceptive nutrient content and health claims made in relation to the highly popular VitaminWater beverage. [read post]
11 Apr 2013, 7:22 am
District Judge Saundra Brown Armstrong has refused to dismiss the class action suit against ASRM (the American Society for Reproductive Medicine), SART (the Society for Assisted Reproductive Technology), and all clinics and egg-donor agencies that agreed to follow their pricing guidelines. [read post]
