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21 Oct 2010, 4:50 am
The settlement is further problematic in that the vast majority of class members are entitled to zero compensation; it is far from clear that the sole lead plaintiff is a member of this subclass. [read post]
21 Oct 2010, 1:37 am
The case was particularly egregious given that the "defrauded" lead plaintiff, who spent an extra $68 to come into compliance with state law, got a $75 gift certificate from Best Buy for his trouble. [read post]
20 Oct 2010, 9:17 am
Lead plaintiffs Marilyn and George Keepseagle, ranchers in Fort Yates, N.D. [read post]
19 Oct 2010, 7:11 am
Despite the fact that I was running late, I opened up my RSS feed and was suddenly startled wide awake when I read the following headline: "Breaking: Henry Gifford Leads Class Action Lawsuit Against USGBC in Southern District of New York" No longer concerned about the time, I found myself reading through the twenty-three page complaint, which makes numerous allegations against the USGBC and sets the table for a large class action lawsuit. [read post]
18 Oct 2010, 3:52 pm
Under the Breach of Contract claim, the plaintiff alleges that the royalty clause of their lead plaintiff’s lease requires royalty payment on the price received by Chesapeake Energy Marketing with unaffiliated parties. [read post]
18 Oct 2010, 1:33 am
" The report itself goes on to note that UBS is the subject of class action proceedings in the U.S. and that "by litigating against its former directors and officers inSwitzerland, UBS would negatively impact its position in these class action proceedings in the US, in particular because, under US rules, the US plaintiffs could claim that thisis an admission that they had in fact acted improperly. [read post]
17 Oct 2010, 11:00 pm
Not so. [] Defendants’ argument leads to the following problematic hypothetical: Let’s say a federal securities class member who lived outside of California decided — immediately after the refusal to certify a nationwide Section 17200 class — to sue defendants under Section 17200. [read post]
15 Oct 2010, 1:04 pm
Plaintiffs contend that “annual” must mean separated by approximately twelve months, while defendant argues that “annual” means once a year. [read post]
15 Oct 2010, 8:37 am
Slip op. at 9 ("Plaintiffs simply failed to adequately plead that Medtronic violated a federal requirement specific to the FDA’s PMA approval of this Class III device"). [read post]
15 Oct 2010, 8:12 am
While the 2nd Circuit agreed that non-lead counsel Chimicles & Tikellis had conferred a substantial benefit on the class, it held that the district court had not erred when it approved the lead counsel's allocation of only $155,610 in attorney fees to the firm. [read post]
15 Oct 2010, 7:21 am
One of the many lessons from last night’s episode is that romantic relationships between employees can lead to serious awkwardness and even potential liability. [read post]
15 Oct 2010, 7:21 am
One of the many lessons from last night’s episode is that romantic relationships between employees can lead to serious awkwardness and even potential liability. [read post]
14 Oct 2010, 7:05 am
District Court in the Eastern District of Wisconsin to mash the alleged “OPEC of potatoes” in a class action alleging price fixing by a purported cartel of U.S. and Canadian potato growers and their co-conspirators, including leading agricultural technologist Bayer CropScience. [read post]
14 Oct 2010, 12:10 am
In addition, Investor’s Daily had expressed reservations about Overstock.com beating analysts’ estimates, but Byrne continued to lead them to believe that the company would breakeven and beat analysts’ estimates by not reporting losses. [read post]
13 Oct 2010, 3:36 pm
A pro-employee decision — that "provide" means "ensure" — will surely lead to a new, massive wave of meal and rest break class actions. [read post]
13 Oct 2010, 11:52 am
In a class action suit, you must consider (among other things) whether the plaintiffs are enough alike so that their claims can be adjudicated together, whether the questions of fact and law are sufficiently similar, and whether the lead plaintiffs adquately represent members of the class. [read post]
13 Oct 2010, 6:29 am
A pro-employee decision — that “provide” means “ensure” — will surely lead to a new, massive wave of meal and rest break class actions. [read post]
12 Oct 2010, 2:26 pm
A 2003 class action lawsuit against Farmer's Group, lead by named plaintiff, Benjamin Fogel, has reached a settlement of $455 million. [read post]
12 Oct 2010, 4:00 am
Defendants, given their professed role as clergy, and as professed people of faith, and as citizens of the City of New York and property owners, owe a duty of care to Lead Plaintiff and other members of the class, particularly under these unique circumstances.Yesterday's New York Post reports that defendants are seeking to have the lawsuit dismissed on free exercise of religion grounds. [read post]
11 Oct 2010, 8:42 am
Will lead to new theories of liability with no legal precedent to turn to for guidance •Managing plan administrators, fiduciaries and sponsors to properly implement and follow the claims review process •Expanded precedent allowing plaintiffs to recover attorneys’ fees •Educating the court on the legal complexities of plan documents •Identifying the proper parties and permissible recovery under the complex scheme of §502(a) and confusing case law… [read post]
