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26 Aug 2009, 6:05 pm
Citing to and emphasizing language from a California Supreme Court case relied upon by Plaintiffs, the Court noted that “issues affecting the merits of a case may be enmeshed with class action requirements, such as whether substantially similar questions are common to the class and predominate over individual questions or whether the claims or defenses of the representative plaintiffs are typical of class claims or defenses. [read post]
23 Aug 2009, 3:32 pm
A trial court’s ruling on matters like these, if wrong, could ultimately lead to reversal on appeal and necessitate the expense and delay of a new trial. [read post]
21 Aug 2009, 5:37 am
After the National Toxicology Program draft report was issued in early 2008, plaintiffs' attorneys nationwide began filing consumer class action complaints claiming violations of state consumer protection laws, fraud, breach of warranty, unjust enrichment, strict product liability, breach of contract and negligence. [read post]
20 Aug 2009, 7:51 pm
The district court initially certified the class of plaintiffs but later decertified the class on the grounds that the opt-in plaintiffs were not “similarly situated” to the lead plaintiff because individualized questions predominated. [read post]
20 Aug 2009, 7:29 am
The complaint names Maricopa County as a defendant, and the officers' claim about 2,000 individuals are eligible.Dan Barr John Solano, the lead plaintiff in the case, said the association decided to move forward with a lawsuit because detention officers felt like county administrators and the Board of Supervisors weren't working with the Sheriff's Office resolve the issue. [read post]
17 Aug 2009, 8:09 am
Featuring a faculty comprised of a “Who’s Who” of the class action defense bar, including CAFA law blog Co-Editor in Chief Anthony Rollo, this conference will feature insights from the nation’s leading class action defense litigation attorneys as they provide you with firsthand insights into how to: • vigorously challenge and defeat certification… [read post]
17 Aug 2009, 2:30 am
All of which leads me to a number of conclusions: the filing "lull" noted in the second quarter is over; part of the reason for the lull was that plaintiffs’ lawyers hit a logjam because of credit crisis and Madoff-related litigation activity, as a result of which they accumulated a backlog of cases against companies outside the financial sector, that they are now starting to work off; and as a result we are seeing a rush of new lawsuits… [read post]
16 Aug 2009, 9:21 pm
The Fosamax plaintiffs claim Merck misrepresented the drug's safety and failed to warn doctors and patients that it might hamper blood flow to the jaw, causing jawbone-tissue death and leading to partial removal in some patients. [read post]
15 Aug 2009, 9:10 am
Drospirenone has a diuretic action which can lead to elevated potassium levels and cause serious heart problems linked to the drugs. [read post]
14 Aug 2009, 8:46 am
Of course, under modern defamation law, only a false statement about the plaintiff can give rise to legal liability. [read post]
14 Aug 2009, 6:46 am
The lead plaintiff in the case was CALPERS, the California public employee pension fund that has long enjoyed cozy relations with politicians, unions and prominent class-actioneers. [read post]
14 Aug 2009, 5:23 am
Plaintiffs in one New York class action supported pretrial coordination of the class actions but opposed consolidation; plaintiffs in the Pennsylvania class action opposed the motion in its entirety. [read post]
14 Aug 2009, 4:30 am
" The panel rejected the district court's conclusion that the class certification stage was not the proper time for the defendants to rebut the lead plaintiffs' fraud on the market presumption.In effect, the 5th Circuit in Oscar reversed the burden of proof involved with the fraud on the market presumption. [read post]
13 Aug 2009, 11:43 am
Today, institutional investors, especially public and union pension plans, are lead plaintiffs in most of the really large class action securities cases filed. [read post]
13 Aug 2009, 9:19 am
The Fosamax plaintiffs claim Merck misrepresented the drug's safety and failed to warn doctors and patients that it might hamper blood flow to the jaw, causing jawbone-tissue death and leading to partial removal in some patients. [read post]
11 Aug 2009, 2:35 pm
But the Plaintiffs say this does not warn investors that holding the fund for more than a day would lead to those enormous losses. [read post]
11 Aug 2009, 9:19 am
The Fosamax plaintiffs claim Merck misrepresented the drug's safety and failed to warn doctors and patients that it might hamper blood flow to the jaw, causing jawbone-tissue death and leading to partial removal in some patients. [read post]
10 Aug 2009, 7:19 am
It is among the class of drugs known as bisphosphonates, and is used to treat osteoporosis. [read post]
7 Aug 2009, 5:44 am
Plaintiff lawyers are seeking class action status for 57 federal cases being consolidated in Chicago and West Palm Beach against Ocwen Financial, one of the nation’s largest servicers of mortgages to consumers with low credit scores. [read post]
5 Aug 2009, 6:41 pm
The commonality among the cases enables lawyers to pursue a campaign against the defendant, leading to an effective outcome for each individual plaintiff. [read post]
