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16 Oct 2014, 7:10 am
City of Shelby 13-1318Issue: (1) Whether a federal complaint is subject to dismissal when it fails to cite the statute authorizing the cause of action; (2) whether the lower federal courts have authority to create pleading requirements for complaints when those requirements are not contained in the Federal Rules of Civil Procedure; and (3) whether a federal complaint should be dismissed when it alleges the elements of a 42 U.S.C. [read post]
5 Aug 2010, 8:28 am
by Paul Bland, Claire Prestel, and Melanie Hirsch The consumer and civil rights communities are closely watching AT&T Mobility v. [read post]
3 Jan 2017, 4:28 pm
The Dutch collective settlement procedures used in the March 2016 Fortis settlement, for instance, were only adopted in 2005. [read post]
16 Jun 2015, 10:24 am
Bayer Corp. and AT&T v. [read post]
20 Apr 2017, 4:18 am
Securities and Exchange Commission, which asks whether a federal statute of limitations on civil penalties and forfeitures applies to disgorgements. [read post]
3 Apr 2012, 4:30 am
The Ninth Circuit noted that § 1453(b) allows a class action to be removed to federal court "in accordance with § 1446," which sets forth the removal procedure for "a defendant or defendants desiring to remove any civil action from a State court. [read post]
11 Aug 2017, 7:41 am
Time and again, throughout its brief, the Board argues matter-of-factly that the NLRA guarantees workers a right to collectively litigate wage-and-hour claims, either under Section 16(b) of the Fair Labor Standards Act (FLSA) or through the class-certification mechanism of Rule 23 of the Federal Rules of Civil Procedure. [read post]
10 Jul 2024, 8:58 am
appeared first on Technology & Marketing Law Blog. [read post]
30 Nov 2017, 12:42 pm
More Blog Posts: Free Speech and Washington Civil Protection Orders Washington Supreme Court Allows Mother to Obtain Protection Order on Behalf of Son Image: FreeImages.com / Andreas Herrmann [read post]
1 Nov 2016, 10:58 am
A Recap While I wrote more thoroughly about this in another post, I want to cover the basics of the allegations again: At this point, roughly 1,700 lawsuits in state and federal courts have been filed against Johnson & Johnson for failing to warn consumers that its baby powder and Shower-to-Shower talc products may cause ovarian cancer. [read post]
5 Jan 2010, 8:28 am
Russia's Criminal Procedure Code Five Years Out, (with William Burnham) in 33 Review of Central & East European Law 1, 1-93 (2008) (lead article). [read post]
28 Apr 2014, 3:00 pm
" The NACDL amicus brief, written by Bill Shepherd of H&K, begins: "Before this Court is the case of a commercial fisherman and three missing grouper. [read post]
4 Dec 2015, 8:00 pm
Heath 15-363Issue: Whether a relator asserting a claim under the False Claims Act can satisfy Federal Rule of Civil Procedure 9(b)’s particular pleading requirement without setting forth specific facts regarding at least one allegedly false or fraudulent claim submitted to the government. [read post]
31 Dec 2008, 3:03 am
Taking the &;ldquo;precedential” and &;ldquo;non-precedential” designations at face value (in spite of Federal Rule of Appellate Procedure 32.1 making such designations irrelevant), the non-precedential Jurinko opinion must give way to the precedential CGB Occupational Therapy v. [read post]
18 Apr 2009, 12:00 pm
Prior S2KM blog posts: Spencer v. [read post]
24 Mar 2010, 7:16 pm
Owen & crew are wrong. [read post]
2 Oct 2023, 4:11 pm
Federal Rule of Civil Procedure 54(d)(1) gives courts the discretion to award costs to a prevailing defendant. [read post]
23 Apr 2014, 7:40 am
Ocwen Federal Bank. [read post]
21 May 2019, 5:44 pm
The Complaint alleges that “Defendants filed 323 lawsuits based on alleged violations of the Americans with Disabilities Act” in federal and state courts. [read post]
