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13 Jul 2011, 10:35 am
” The judge had preliminarily approved the settlement in March, and lead attorney for the class action plaintiffs, Dennis E. [read post]
12 Jul 2011, 1:32 am
I have heard concerns that the “Plaintiff’s Bar” (those who find the big class action lawsuits) are eager to make green claims the next “hot topic” in litigation, but so far no case has gotten very far. [read post]
11 Jul 2011, 9:04 am
Reaffirming the essence of the notice pleading that has prevailed in modern civil jurisprudence, Judge Selna concluded that “[b]ecause every lead Plaintiff alleges a safety defect, and defective cars are not worth as much as defect-free cars, Plaintiffs plausibly establish an economic loss. [read post]
11 Jul 2011, 5:00 am
Superior Court, 72 Cal.App.4th 214 (1999), which has been the leading case on extraterritorial reach up to this point. [read post]
8 Jul 2011, 12:12 pm
He was the "starter" as the lead plaintiff in the players' class action. [read post]
8 Jul 2011, 4:28 am
The company’s decision to publish Andy’s PowerPoint presentation (available online at NBC) will give the plaintiffs’ lawyers lots of useful exhibits to wave around in court. [read post]
8 Jul 2011, 1:28 am
The lead plaintiffs’ July 6, 2011 motion for preliminary approval can be found here, and the stipulation of settlement can be found here. [read post]
7 Jul 2011, 7:00 am
For wage an hour class action cases, sometimes the plaintiff had a limited job that precludes representation of all class members. [read post]
5 Jul 2011, 1:10 pm
A panel of speakers from the plaintiffs' class action bar and defense bar will lead the discussion, including Gerald (Jerry) L. [read post]
5 Jul 2011, 6:54 am
Nicastro, a New Jersey plaintiff sued a British machine manufacturer in New Jersey state court alleging that the machine was defective and had seriously injured him. [read post]
5 Jul 2011, 1:41 am
Which brings us to the second interesting thing about the lead plaintiffs’ June 27 notice in the shareholder lawsuit. [read post]
3 Jul 2011, 5:30 pm
See Chancellor Chandler's opinion in the Citigroup case: Even accepting plaintiffs’ allegations as true, the Complaint fails to plead with particularity facts that would lead to the reasonable inference that the director defendants made or allowed to be made any false statements or material omissions with knowledge or in bad faith. [read post]
1 Jul 2011, 1:25 pm
Plaintiffs have not bought or sold a good or service, nor have they manufactured, distributed, or consumed a commodity.Third, in the crucial move, he asks whether this class of activities is “economic” as it must be under Lopez and Morrison and concludes that it is not.In the government’s view, plaintiffs’ financial planning choices and position on risk are quintessentially economic in nature because they inevitably lead to cost-shifting… [read post]
1 Jul 2011, 12:38 pm
The success of plaintiffs' counsel in Vivendi was short-lived, however. [read post]
1 Jul 2011, 12:24 pm
Aviva was also not particularly proximate to the injurious conduct—other retailers in competition with Wal-Mart would be a better class of plaintiff because they’re at the same level in the distribution chain and have more self-interest in punishing Wal-Mart for false advertising. [read post]
30 Jun 2011, 10:44 am
However, it leads to some incredibly illogical results. [read post]
30 Jun 2011, 9:47 am
A single plaintiff may want to defect from the class since he may be better off going alone. [read post]
28 Jun 2011, 11:30 pm
Bayer rejected a corporation’s effort to preclude class actions in state court after prevailing against a class organized by different plaintiffs in federal court. [read post]
28 Jun 2011, 11:49 am
The plaintiffs sought to consolidate a class of 1.5 million women – essentially all of Wal-Mart’s female employees. [read post]
28 Jun 2011, 10:12 am
” Daniel Metcalfe, lead attorney for the plaintiffs, said in a statement this afternoon: “The Justice Department’s filing blithely chooses to ignore the legal effect of its gross evidence destruction, taking positions so extreme that they themselves practically prove the merits of plaintiffs’ case. [read post]