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26 Nov 2014, 1:45 am
Back when the Dukes class action was before the Supreme Court, journalists and academics wrote a number of pieces—some longer, some shorter—about whether a class action could be too large. [read post]
25 Nov 2014, 10:44 am
Specifically, surgeons could attend classes, labs or surgery observations related to its pelvic mesh device. [read post]
25 Nov 2014, 4:08 am
” The authors contend that these adjustments can be inform defense strategies in settlement negotiations and could be influential on prospective settlement opt-outs on their decision whether or not to participate in class settlements. [read post]
24 Nov 2014, 12:16 pm
Commissioner Roger Goodell took immediate disciplinary action, suspending him for two regular season games.In September, a second video surfaced which showed Rice actually striking Palmer. [read post]
24 Nov 2014, 8:00 am
The trial court denied certification, finding that the plaintiffs failed to establish typicality, adequacy of representation, predominance of common questions, and superiority of the class action mechanism. [read post]
24 Nov 2014, 3:45 am
If a preferred class exists, then the preferred class takes benefits to the exclusion of the less preferred classes. [read post]
21 Nov 2014, 8:59 am
In situations where the officer acted recklessly, the crime would be a Class C felony. [read post]
21 Nov 2014, 4:47 am
— via Technology for HR Senators Grill EEOC General Counsel Lopez In Confirmation Hearings W— via orkplace Class Action LitigationSocial Media & Workplace Technology The NLRB and the EEOC are primed to sue you for using social media in the hiring process — via Mike Haberman’s Omega HR Solutions Does Your Technology Match Your Culture? [read post]
20 Nov 2014, 4:45 pm
Affirmative defense – A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used. [read post]
20 Nov 2014, 6:57 am
I offered a defense lawyer’s view of the landscape of workplace class action developments in the U.S. market over the last 24 months, and ventured some prognostications of likely trends for 2015. [read post]
20 Nov 2014, 5:00 am
Alabama, a good faith belief in the invalidity of a patent as a defense in an infringement suit, and certification of a class action settlement resulting from the Deepwater Horizon oil spill. [read post]
20 Nov 2014, 4:42 am
” Hain could offer any defenses to individual claims in the damages phase.The class action, naturally, was superior to no lawsuit, which was the only realistic alternative. http://tushnet.blogspot.com/feeds/posts/default? [read post]
19 Nov 2014, 5:58 pm
Epstein of Goulston & Storrs on the firm’s Retail Law Advisor Nine Ways You’re Losing Business (part 10) – Business development strategist Julie Fleming of Lexinnova on her blog, innovate Adequacy & Class Action Governance – Virginia attorney Andrew Trask of McGuireWoods on the firm’s blog, Class Action Countermeasures [read post]
19 Nov 2014, 12:58 pm
Seeking to settle an enormous class action suit, BP agreed to a broad settlement. [read post]
19 Nov 2014, 1:59 am
It is the constitutional guarantee that a representative action like a class action is legitimate. [read post]
18 Nov 2014, 1:28 pm
Defense Council, Inc., 555 U.S. 7, 20 (2008)). [read post]
18 Nov 2014, 6:34 am
” Failure to refer is actionable. [read post]
17 Nov 2014, 8:52 pm
Many blame a single defense contractor and have filed a class action lawsuit, a case that has now made its way to the Supreme Court.NewsHour producer Dan Sagalyn has been covering this, and Hari Sreenivasan has the story.MAN: We have a burn pit down here.HARI SREENIVASAN: This shaky video of smoke from burning garbage was shot by an American soldier in Iraq in 2008. [read post]
17 Nov 2014, 9:32 am
” Practice tip: A broad release for the named plaintiff would have been more defensible, and at a minimum the parties should have explained why a broader release for the class was necessary. [read post]
16 Nov 2014, 4:52 pm
Arizona employers that might want to take action against LGBT employees on the basis of their sexual orientation should tread very cautiously. [read post]