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19 Jul 2021, 6:44 am
What few practitioners may recall, however, is the question for which the court granted certiorari: “Whether a district court may certify a class action without resolving whether the plaintiff has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis. [read post]
25 Mar 2011, 1:21 pm
From a plaintiff's perspective do you have favorite courts to file antitrust class actions. [read post]
28 Jun 2021, 8:00 am
The Plaintiffs, all Goldman shareholders, filed this securities fraud class-action suit against Goldman in Federal court back in 2011. [read post]
27 Jan 2021, 3:30 am
As Lammon details, Rule 23 engenders discontent from both plaintiffs and defendants. [read post]
11 Aug 2009, 8:04 pm
Julie Treadman of the American Lawyer published this intriguing article today summarizing her interview with former Milberg attorney Andrew Morganti, who has been working as a consultant for a plaintiff’s class action firm in Ontario, Canada. [read post]
16 Aug 2012, 2:32 pm
Since a class action is inappropriate, only one of the named plaintiffs may proceed in this action. [read post]
9 Aug 2011, 3:24 pm
And, because the defendant failed to provide plaintiff with the records pertaining to the putative class members during the initial discovery period, plaintiff filed a motion to compel and sought to extend the discovery deadline as well. [read post]
27 May 2014, 6:56 pm
Because Plaintiff failed to properly define her class, her claims did not survive class certification. [read post]
16 Oct 2009, 4:49 pm
A group of plaintiffs who filed a separate class action against Blockbuster are trying to object to this settlement.The California Class Action (Lane v. [read post]
4 Nov 2009, 8:14 pm
Plaintiffs in Class Action Challenging Late Fees Imposed on Credit Card Accounts and Contesting Enforceability of Arbitration Clause that Includes a Class Action Waiver were Entitled to Conduct Limited Discovery to Support Claim that Class Action Waiver was Unconscionable Rhode Island Federal Court Holds Plaintiffs filed a putative class action against Bank of America alleging violations of the federal Truth in Lending Act (TILA) and breach of… [read post]
13 Aug 2014, 9:15 pm
In an update on ADA filing mills more than two years ago we noted the case of Alfredo Garcia, one of the busy class of serial plaintiffs who’ve sued hundreds of California businesses demanding money for accommodations violations, often represented by attorney Morse Mehrban, a longtime Overlawyered favorite. [read post]
20 Sep 2013, 7:20 pm
Most panels have representatives from both the plaintiff’s bar and defense bar. [read post]
28 Nov 2012, 8:17 am
But Judge Posner doesn’t think this makes sense: “Sears argues that most members of the plaintiff class did not experience a mold problem. [read post]
28 Nov 2007, 9:23 am
JDSU and its four executives who were named in the suit received a complete win, with the jury denying the plaintiff's 18 billion (no typo) in damage claims.Maybe some of these "indefensible" class actions really are defensible? [read post]
21 Mar 2014, 12:06 am
” After filing an amended complaint, the lead plaintiff (the Nursing Home and Related Industries Pension Plan) filed a motion for class certification; to appoint the lead plaintiff as Class Representative; and to appoint its counsel as Class Counsel. [read post]
9 Nov 2017, 12:58 pm
In the case, plaintiff Michael Muir filed a putative class action against herbal supplement manufacturer Nature’s Bounty for claims […] [read post]
29 Jun 2021, 10:29 am
The Court agreed with the plaintiffs, stating that “[w]e have no trouble concluding that the 1,853 class members suffered a concrete harm that qualifies as an injury in fact. [read post]
29 Jan 2019, 2:51 pm
Plaintiff appealed the dismissal of her state law class action claims. [read post]
28 Mar 2022, 6:58 am
The plaintiff argued that the district court erred in denying class certification because there was one key defense that was central to the case, and the defendant had not established that it had a viable defense to even a single class member’s claim. [read post]
12 Apr 2011, 11:34 pm
James Lorenz (Southern District of California) granted a defense motion to deny class certification. [read post]