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28 May 2011, 4:42 pm
After determining that the parties had not already addressed the issues, CAOC presented several bases for rejecting the contention that Concepcion overruled Gentry, including the fact that a bar on class actions violates the National Labor Relations Act's protection of concerted action by employees to improve their wages and working conditions. [read post]
1 May 2010, 11:28 am
The point is that I suggest that you talk with a potential foreclosure defense lawyer to find out what approaches and options they can offer you so that you can decide on your own best course of action. 6. [read post]
2 Feb 2014, 4:53 pm
Of course for respondent to succeed with this defense, he will have the "burden of demonstrating the identity of issues in the [subsequent civil forfeiture action and the prior determination, whereas the party attempting to defeat its application has the burden of establishing the absence of a full and fair opportunity to litigate the issue in the OATH trial. [read post]
25 May 2022, 9:03 am
Through the decisions rendered in this case after remand, and other cases facing these issues hereafter, we likely soon will find out if those defenses will prevail against the imposition of penalties for such past actions. [read post]
10 Jun 2013, 1:28 pm
In the latter case, the First Department characterized the defendant’s challenge to plaintiff's untimely filing of its forfeiture action within the prior 10 day limitations period, now 25 days, as a Statute of Limitations defense. [read post]
17 Aug 2017, 12:31 pm
But defendant employers still have means of enforcing such agreements, which can be especially significant in class actions claiming joint employment. [read post]
22 May 2013, 10:16 pm
The latest lawsuit, which was filed in the New York (New York County) Supreme Court, is filed as an individual action, not a class action, and may represent a new approach calculated to overcome some of the hurdles that the prior claimants have faced. [read post]
14 Nov 2014, 9:54 am
Meal break cases are harder to certify as class actions after the Brinker decision. [read post]
25 Nov 2019, 10:29 am
Ct. 1407, 1412 (2019) (prohibiting employees from asserting a class action arbitration unless the class waived their right to sue in an employment agreement). [read post]
25 Jan 2016, 6:30 am
New York, our class-action legal challenge to New York’s woefully inadequate — and unconstitutional — public defense system. [read post]
25 Sep 2013, 6:37 am
Posted by AdminEditor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog and was authored by Matthew Moody and Sammatha Clegg In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers license records. [read post]
29 May 2014, 10:37 am
The class action alleged that their employer, Gate Gourmet, would not allow them to bring their own food into work for security reasons, but that Gourmet would not label or adapt its menu to accommodate their religious practices. [read post]
27 Jul 2018, 7:20 pm
” “In this age of the consumer class action this maxim [de minimis non curat lex] usually has little value. [read post]
9 Dec 2010, 1:29 pm
For class actions to work as they should, all of the plaintiffs in the class must have very similar claims because they have suffered very similar harms – so that any damages awarded to the class will truly compensate them for the harm that they have suffered and so that the defendants can prepare one defense to the class claims. [read post]
28 Jan 2009, 1:00 pm
As for other RESPA class action lawsuits--this ruling strengthens numerous plaintiffs class action RESPA lawsuits across the United States because this opens the door up for plaintiffs to recover damages when corporations don't play by the rules. [read post]
19 Oct 2011, 9:38 am
In so ruling, the Court distinguished representative action waivers from the class action waivers enforced by the U.S. [read post]
26 Nov 2007, 6:10 pm
The plaintiffs sued under section 12(a)(2) of the Securities Act of 1933 -- a law far tougher than what the usual securities class action involves. [read post]
28 Oct 2015, 7:34 pm
Rebranding in the NBA: Where Bullets Become Wizards – Nashville lawyer Kevin Hartley of Trust Tree on their blog, The Root Goldman Sachs Just Exposed Twitter for What it Really Is – Joe Eichner of Greentarget on their blog, Current Conversations “Do Unto Others”: Philadelphia Holds First Ever Day of Kindness – Philadelphia attorney Terri Gillespie of Obermayer on the firm’s blog, HR Legalist Securities Class Action Defense… [read post]
3 Jan 2013, 12:28 am
Among other suits that filed the Barclays settlement was the filing of a securities class action lawsuit in federal court in Manhattan. [read post]
3 Mar 2016, 9:12 am
Finally, McMurray’s own unclean hands didn’t bar him from raising the defense. [read post]
