Search for: "Class Action Defense"
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13 Jun 2017, 3:00 am
The plaintiff next contended that remand was appropriate because the defendants waived their rights to remove by taking substantial offensive and defensive action in the state court action. [read post]
16 Aug 2020, 6:23 am
Pepper, a consumer class action case over the 30% App Store cut, but only with a view to the narrow question of an entitlement to damages awards by those indirectly harmed. [read post]
11 Oct 2015, 6:38 am
Notwithstanding these principles, on September 29, 2015, the United States District Court for the Southern District of New York (Oetken, J.) dismissed a putative class action brought under the Act on the ground that the complaint’s materiality allegations failed as a matter of law. [read post]
26 Jan 2009, 4:30 am
Please join an outstanding panel of speakers who will guide you through the latest report to the Judicial Conference Advisory Committee on Civil Rules regarding the Class Action Fairness Act of 2005. [read post]
2 Jun 2007, 1:31 pm
There's no mention of the peripheral "consumer-fraud" class actions on behalf of the customers who have suffered no injury; the expense and harassment of discovery; the jockeying of the plaintiffs' bar to plant misleading stories in the press to taint the jury; the efforts to use taxpayer resources of various trial-lawyer-friendly state attorney generals to harass the defendant; the lobbying by the plaintiffs' bar to force the defendant to settle before… [read post]
6 Jan 2007, 5:37 pm
The student had obtained permission from his teachers to remain silent in class that day. [read post]
4 Apr 2012, 2:24 pm
Shipley has experience handling national and international litigation related to the False Claims Act, government contracts, bid protests, ERISA class actions, patent infringement, environmental, employment, securities, product liability, bankruptcy and commercial cases. [read post]
18 Nov 2010, 12:32 am
After eight consecutive trials ended in defense verdicts, a jury awarded $8 million in compensatory damages and $72 million in compensatory damages against R.J. [read post]
11 Nov 2014, 9:15 am
Wainwright and his constitutional right to be provided with the “basic tools” for an adequate defense, contrary to Ake v. [read post]
16 Nov 2010, 9:17 am
Consider A Civil Action. [read post]
5 Nov 2013, 7:13 am
Any rights in one’s name do not overcome a conflict with prior rights of another: “use of one's surname is not a ‘defense’ to a trademark infringement action” Sardi's Restaurant Corp. v. [read post]
14 Oct 2015, 12:36 pm
The court, while critical of ICBC’s practices, noted their actions did not go so far as to strip them of the protections of the statutory defense. [read post]
25 Jun 2013, 1:56 pm
Access the complete 21-page Climate Action Plan (click here). [read post]
5 May 2008, 4:57 am
We again stress that this lawsuit was not a class action, but it involves a topic of significant importance to class action litigation. [read post]
29 May 2012, 8:45 am
The court found that the plaintiffs had not established adequacy of class representatives, typicality, commonality or superiority, and emphasized a defendant’s due process right to provide individualized defenses to class members’ claims. [read post]
29 May 2012, 8:29 am
The court found that the plaintiffs had not established adequacy of class representatives, typicality, commonality or superiority, and emphasized a defendant’s due process right to provide individualized defenses to class members’ claims. [read post]
7 Nov 2011, 5:23 am
In addition to introducing a more onerous commonality standard, Dukes entailed at least two other issues bearing on the mechanics of class actions: (1) that individualized money damages cannot be awarded in Rule 23(b)(2) class actions; and (2) that affirmative defenses must be assessed in individualized hearings, seemingly precluding the sampling and survey methods that buttress class actions’ essential efficiencies. [read post]
7 Oct 2024, 11:23 am
It is classified as a Class C felony. [read post]
30 Jan 2012, 2:35 am
By Shaun Blake As last month’s decision by the Central District of California in the Toyota Hybrid Brake Class Action case demonstrates, simply raising a contractual right to arbitrate as an affirmative defense may not be enough to protect a party's right to compel arbitration. [read post]
29 Oct 2009, 5:06 am
Even a minor deviation may give rise to a valid defense in some judges’ minds. [read post]
