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26 Aug 2011, 8:35 am
The plaintiffs in Perry argued that Proposition 8 violated their fundamental right to marry, citing Loving v. [read post]
24 Aug 2011, 6:58 am
Teaching to Lead with Head = Nonsense The claim that NFL coaches have been teaching players to lead with their heads seems ridiculous. [read post]
23 Aug 2011, 2:56 pm
He also tried to drum up interest in a class action suit. [read post]
Superiority Requirement for Class Certification: New Sixth Circuit Decision Makes Interesting Points
23 Aug 2011, 5:00 am
The amicus brief explained that the fees at issue helped fund coverage for senior citizens under a Medigap program, and thus a class action could lead to higher premiums or reduced coverage for seniors. [read post]
20 Aug 2011, 4:00 am
" Precedent only requires that there could be exposure to asbestos that is substantially probable to lead to serious harm. [read post]
19 Aug 2011, 8:33 am
The district court denied plaintiffs’ motion for class certification based on variance in reliance and damages issues. [read post]
18 Aug 2011, 4:10 pm
(I initially wrote this for students in my Torts class.) [read post]
18 Aug 2011, 3:00 pm
The court held that the “principal amounts at issue with respect to the federal class action are not the settlements paid to plaintiffs but [the insurer’s] share of attorney’s fees awarded in the federal class action as part of the settlement of the case. [read post]
18 Aug 2011, 5:48 am
This will not fly in the Seventh Circuit now: "the district court should have relied on the text of Rule 23(a)(4), which says that a court may certify a class action only if 'the representative parties will fairly and adequately protect the interests of the class.' Plaintiffs want relief that duplicates a remedy that most buyers already have received, and that remains available to all members of the putative class. [read post]
17 Aug 2011, 3:47 am
As they describe: Plaintiffs had filed a class action in the U.S. [read post]
16 Aug 2011, 7:13 pm
Microsoft’s user agreement specifically stated that no “personal information” was collected in the course of the updates, so the question was whether the collection of IP addresses amounted to the collection of “personal information".The plaintiffs argued that IP addresses are unique, and could be used as a basis to subpoena information from Internet service providers, which in turn could lead to the discovery of a user’s personal… [read post]
14 Aug 2011, 1:40 pm
Specifically, Plaintiff argued the discovery could lead to information that would substantiate the class allegations, including: “(1) that the class is sufficiently numerous; (2) that Defendants provide female applicants and potential applicants discriminatory, inconsistent, or inaccurate statements about the job requirements and qualifications; (3) that Plaintiff’s claim of injury resulting from Defendants’ actions is typical of… [read post]
12 Aug 2011, 12:25 pm
How do they vary by filing basis, type of mark, country of origin, type of applicant, class of goods? [read post]
12 Aug 2011, 8:17 am
The other three circuits (Second, Third, and Fifth) have similarly held that a defendant cannot “pick off” lead plaintiffs with an offer of judgment in order to avoid a class action.In Pitts v. [read post]
12 Aug 2011, 7:24 am
If the plaintiffs prove there was an intent to deny them overtime, it is hard to say where that could lead. [read post]
12 Aug 2011, 7:00 am
Tom hit the print button and handed a copy to Jerry for his signature and to procure that of the lead plaintiff. [read post]
11 Aug 2011, 9:00 pm
While it hasn't made a lot of headlines nationally, the case could have a big impact on Angelenos, according to the LA Daily News' Kelly Cavanaugh: Ardon is the lead plaintiff in a class action lawsuit challenging L.A.'s telephone users tax, which appears on your phone bill every month. [read post]
11 Aug 2011, 3:50 pm
By Justin Silverman The controversial Massachusetts wiretapping statute is the center of a new class action lawsuit involving what the plaintiffs argue is the illegal scanning of emails sent to Gmail accounts. [read post]
11 Aug 2011, 10:00 am
With considerable reference to and reliance on the two leading Supreme Court cases—Deposit Guaranty Nat’l Bank v. [read post]
11 Aug 2011, 10:00 am
With considerable reference to and reliance on the two leading Supreme Court cases—Deposit Guaranty Nat’l Bank v. [read post]
