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In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in controversy even where the complaint itself discloses the existence of a valid defense. [read post]
15 Sep 2014, 8:49 am by Casie Collignon and Justin Winquist
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. [read post]
15 Sep 2014, 4:26 am by Kevin LaCroix
In 2008, various Nomura subsidiaries and certain of the subsidiaries officers and directors were named as defendants in a securities class action lawsuit styled as Plumbers’ Union Local No. 12 Pension Fund v. [read post]
14 Sep 2014, 5:11 pm by Joy Waltemath
The revisions also would permit an action to enforce the bar against sex discrimination to be maintained as a class action in which individuals could be joined as party plaintiffs without their written consent. [read post]
14 Sep 2014, 5:30 am by Barry Sookman
http://t.co/EJ0REMiRci -> The Google Class Action Scam Continues at Scale http://t.co/Asm6IqL88O -> CBA National Magazine – Taking down the hackers http://t.co/xpRjkYM3vE -> Facebook ‘likes’ as protected speech (more) http://t.co/zevcoMxDok -> Blogspot Gets Section 230 Win In 11th Circuit–Dowbenko v. [read post]
11 Sep 2014, 11:31 am
., 945 So.2d 1246 (Fla. 2006), which purported to change the cut-off date for a class action settlement, among other things. [read post]
10 Sep 2014, 5:30 am by Barry Sookman
Keegan, 2014 ONSC 4989 http://t.co/y3WnwaU8G0 -> Home Depot says Canadians could be affected by security breach http://t.co/TRi7ISXbLZ -> Warning as hackers target Apple's iCloud http://t.co/wE1IR2qrKD -> Heavy VPN users are probably pirates says BBC http://t.co/NBCFvDSAK7 -> NSW surveyors owed $2.25m in copyright payments http://t.co/WnJmXKcmWh -> No piracy on our broadband, Foxtel warns users http://t.co/UtiLlUtSr5 -> Canadian firms in China worry about economy and IP laws… [read post]
10 Sep 2014, 5:30 am by Barry Sookman
Keegan, 2014 ONSC 4989 http://t.co/y3WnwaU8G0 -> Home Depot says Canadians could be affected by security breach http://t.co/TRi7ISXbLZ -> Warning as hackers target Apple's iCloud http://t.co/wE1IR2qrKD -> Heavy VPN users are probably pirates says BBC http://t.co/NBCFvDSAK7 -> NSW surveyors owed $2.25m in copyright payments http://t.co/WnJmXKcmWh -> No piracy on our broadband, Foxtel warns users http://t.co/UtiLlUtSr5 -> Canadian firms in China worry about economy and IP laws… [read post]
9 Sep 2014, 6:26 pm by Colin O'Keefe
Apple Announces “Apple Pay” – Austin lawyer Chris Phillips of Waller on the firm’s blog, The Banking Law Connection Two for Tuesdays: Marketing Refresh – Legal marketing expert Lindsay Griffiths of International Lawyers Network on Zen & The Art of Legal Networking The Root Cause of Skyrocketing Securities Class Action Defense Costs – Seattle attorney Douglas Greene of Lane Powell on the firm’s blog, D&O Discourse… [read post]
8 Sep 2014, 12:24 pm by Greg Mersol
The bottom line:  Employment class actions with fuzzy class definitions or based on subjective traits will always be problematic. [read post]
8 Sep 2014, 3:24 am by Kevin LaCroix
However, the defense expenses involved, which often are also massive, may be insured in whole or in part, at least where individual directors and officers are named as defendants in regulatory actions. [read post]
7 Sep 2014, 5:30 am by Barry Sookman
-> NATO Set to Ratify Pledge on Joint Defense in Case of Major Cyberattack http://t.co/jGdBiX3Ohc -> Texan Court Refuses Jurisdiction for Pre-Suit Discovery in Anonymous Blogger Defamation Case http://t.co/ykSKnBupyq -> Lawsuit Against Google Over In-App Purchases By Minors Squeaks Past Motion to Dismiss http://t.co/29HUa9bRie -> Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action http://t.co/czZ8gHsQXN -> Artist Rights Are Human Rights |… [read post]
7 Sep 2014, 5:30 am by Barry Sookman
-> NATO Set to Ratify Pledge on Joint Defense in Case of Major Cyberattack http://t.co/jGdBiX3Ohc -> Texan Court Refuses Jurisdiction for Pre-Suit Discovery in Anonymous Blogger Defamation Case http://t.co/ykSKnBupyq -> Lawsuit Against Google Over In-App Purchases By Minors Squeaks Past Motion to Dismiss http://t.co/29HUa9bRie -> Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action http://t.co/czZ8gHsQXN -> Artist Rights Are Human Rights |… [read post]
5 Sep 2014, 12:26 pm
  It also granted the motions to strike other affirmative defenses that had been waived, as well as defendants’ argument for “failure to state a cause of action” because it is not an affirmative defense. [read post]
5 Sep 2014, 6:28 am by Joy Waltemath
” Indeed, as Judge Posner of the Seventh Circuit has pointed out, it “would drive a stake through the heart of the class action device . . . to require that every member of the class have identical damages. [read post]