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24 Jun 2014, 9:39 am
The Board had held that class action waivers were permissible under the FAA’s savings clause, which allows defenses which are equally applicable to litigation and arbitration contracts. [read post]
24 Jun 2014, 6:14 am
” Observing that Rule 23(c)(1)(B), adopted the same year, states that “[a]n order that certifies a class action must define the class and the class claims, issues, or defenses,” the appeals court explained that by instructing courts to define the “claims, issues, or defenses” of a certified class in the certification order, Rule 23(c)(1)(B) implies that the “claims, issues or defenses”… [read post]
23 Jun 2014, 2:11 pm
Precluding defenses to a common issue at the certification stage doesn’t affect the class action requirement of predominance, because proof as to one remains proof as to all – whichever way that proof points. [read post]
23 Jun 2014, 2:06 pm
In consequence, this means that defense expert event studies could come in earlier in the proceedings, before plaintiffs have the settlement leverage that comes with class certification. [read post]
23 Jun 2014, 10:19 am
The case was closely watched because its outcome had the potential to transform securities class action litigation in the United States. [read post]
23 Jun 2014, 9:20 am
This is a nice defense ruling to put away for future use in workplace class action litigation settings. [read post]
23 Jun 2014, 6:07 am
This is why many defense counsel (this one included) are of the opinion that any “efficiencies” of the lenient FLSA conditional certification process are more than offset by the resulting failure to weed out untenable class actions prior to expensive class discovery and decertification. [read post]
22 Jun 2014, 9:00 am
One wonders how long it will take before private antitrust class action complaints are filed on behalf of their employees. [read post]
20 Jun 2014, 5:18 am
Cheat sheets only contain favorable precedent – that is, where the defense side won. [read post]
20 Jun 2014, 4:43 am
— from Smooth Transitions What You Need to Know Before Signing a Noncompete Agreement — from Lifehacker The Wildcard in Noncompete Litigation – The Judge — from Michigan Employment Law Advisor Divided Appellate Court Voids Employer’s Non-Compete Covenants Because One Employee Did Not Sign — from Trading Secrets How to Create an Awesome Company Culture (No Perks Necessary) — from Evil HR Lady, Suzanne Lucas… [read post]
19 Jun 2014, 10:00 am
First-degree murder is a class 1 felony in Arizona, punishable by death or life imprisonment. [read post]
18 Jun 2014, 6:06 am
It illustrates the importance of exploring whether class members’ individual knowledge and experience is significant to the cause of action or defenses. [read post]
18 Jun 2014, 3:00 am
June 14, 2014) is a class action lawsuit against LinkedIn you might want to keep an eye on. [read post]
17 Jun 2014, 11:27 am
We have decades of experience in securities litigation matters, including the defense of enforcement actions and representation of investors, financial professionals and investment firms, nationwide in litigation and FINRA arbitration proceedings. [read post]
17 Jun 2014, 5:59 am
Adverse employment action. [read post]
16 Jun 2014, 10:00 am
The post Phoenix Man Charged with Luring a Minor for Sexual Exploitation first appeared on Criminal Defense Law. [read post]
13 Jun 2014, 12:35 pm
The Lanham Act is uniform in the sense that it protects an entire class against unfair competition; it varies only in being enforced on a case-by-case basis. [read post]
13 Jun 2014, 10:00 am
ADG then interviewed the owners and suggested they take action to prevent further liabilities. [read post]
13 Jun 2014, 4:00 am
Bank — New Guidance on Complex/Class Action Case Management and Trial Methodology. [read post]
12 Jun 2014, 2:45 pm
But this style of administration -- strongly favoring the office’s customer class -- is sustainable only when the customer class is the overwhelmingly dominant interest group in the legislative politics surrounding the office. [read post]