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” Aggravated discharge of a firearm is a Class 1 felony, and carries with it the possibility of 4-15 years in prison. [read post]
1 Jul 2014, 2:48 pm by Pamela Wolf
This defense was raised in response to Sec. 10(j) petitions in FY 2013. [read post]
1 Jul 2014, 12:22 pm by Rebecca Tushnet
Property rights also free sphere of private action. [read post]
1 Jul 2014, 12:02 pm by Matthew R. Arnold, Esq.
Arnold & Smith, PLLC is a Charlotte based criminal defense, traffic violation defense and civil litigation law firm servicing Charlotte and the surrounding area. [read post]
1 Jul 2014, 5:09 am by Kevin LaCroix
  Even though the Court did rule that defendants should have the opportunity at the class action stage to try to rebut the presumption of reliance by showing that the alleged misrepresentation did not impact the defendant company’s share price, that defense oriented alteration to the class certification procedures seems unlikely to have a dramatic impact on the number of securities class action lawsuit filings. [read post]
27 Jun 2014, 12:00 pm by Kenneth Anderson
Footnote 44 of the recently released and much-discussed OLC Awlaki memorandum is heavily redacted, but what’s left reads, in part: Nor would the fact that CIA personnel would be involved in the operation itself cause the operation to violate the laws of war. [read post]
27 Jun 2014, 8:36 am by John Elwood
Dukes a class of women managers could not be certified as a class because salary decisions were made locally by individual store supervisors. [read post]
27 Jun 2014, 2:03 am by Kevin LaCroix
   Federal Rule of Civil Procedure 23(c)(1)(A) states: “[a]t an early practicable time after a person sues or is sued as a class representative, the court must determine by order whether to certify the action as a class action. [read post]
26 Jun 2014, 9:30 pm by RegBlog
The Supreme Court issued a decision that may restrict some investors’ ability to form class actions in securities fraud cases. [read post]
26 Jun 2014, 4:44 pm by Amanda Hairston
Levinson, which held that plaintiffs in securities class actions do not need to prove that the class members actually relied on the alleged misrepresentations at issue. [read post]
26 Jun 2014, 12:38 pm by Eric Goldman
So resolving Section 230 cases without a jury involved increases the likelihood that Section 230 defenses will fail. [read post]
25 Jun 2014, 2:00 pm by Maureen Johnston
Corber 13-1016Issue: Whether plaintiffs’ request, pursuant to state court procedures, to coordinate numerous multi-plaintiff lawsuits involving claims of more than 100 persons against dozens of non-resident defendants for all purposes constitutes a “mass action” removable under the Class Action Fairness Act. [read post]
25 Jun 2014, 12:49 pm by Richard Booth
 In other words, the market does not wait to see if a class action will be filed. [read post]
25 Jun 2014, 6:59 am by Rebecca Tushnet
  “[G]iven that one of the purposes of the class action procedure is to facilitate small claims, that it is likely Defendant’s aggregate liability could be reliably determined without imposing excess liability, and that all parties would be bound by the litigation, individual issues arising out of identifying class members do not predominate over common issues and the class procedure does not unfairly prejudice Defendant. [read post]