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12 Jun 2014, 5:00 am
§2283, is one example of such legislation that springs readily to mind.So we offer the following, which could be called the “Federal Respect for State Law Act,” or some such euphemism:In any action pending in any court of the United States, to the extent that subject matter jurisdiction exists or is claimed under 28 U.S.C. [read post]
11 Jun 2014, 10:33 am
Burch says that class action fees average around 20%, while MDL plaintiff lawyers do their best to get the fees into the neighborhood of 33%. [read post]
10 Jun 2014, 6:50 am
The case may or may not go to trial as a class action. [read post]
9 Jun 2014, 2:55 pm
In May 2014, eight former NFL players filed a class action lawsuit in a San Francisco federal court. [read post]
9 Jun 2014, 11:04 am
” Given the potential exposure of a TCPA action involving numerous messages, companies will continue to use the ATDS defense to try to obtain a dismissal during the early stages of a case following limited discovery. [read post]
5 Jun 2014, 8:49 pm
If the court cannot conduct a fair trial on the class claims, while allowing employers the ability to assert affirmative defenses as to the class, certification should be denied. [read post]
5 Jun 2014, 3:06 pm
Accelerated Adjudication Actions. a) This rule is applicable to all actions, except to class actions brought under Article 9 of the CPLR, in which the court by written consent of the parties is authorized to apply the accelerated adjudication procedures of the Commercial Division of the Supreme Court. [read post]
5 Jun 2014, 12:56 pm
Facebook Group Text Services Grapple with TCPA Class Actions Courts Allows Text Spam Class Action Against Voxer, a Cell Phone Walkie-Talkie App — Hickey v. [read post]
5 Jun 2014, 9:14 am
” Thomas has repeatedly expressed similar views in affirmative action cases, castigating the Court for its unwillingness to take race-based affirmative action entirely off the table. [read post]
5 Jun 2014, 3:35 am
After years in the class action defense bar, I’ve learned that few things will get the average non-lawyer to think I’m doing God’s work more than talking about class action attorneys’ fees. [read post]
4 Jun 2014, 9:01 pm
Surprised to find themselves on the defensive, conservatives are throwing anything and everything against the wall, hoping that something will stick. [read post]
4 Jun 2014, 1:29 pm
It suffices to note that any class action trial plan, including those involving statistical methods of proof, must allow the defendant to litigate its affirmative defenses. [read post]
4 Jun 2014, 4:34 am
Indeed, the plaintiffs’ securities class action bar has recently filed two shareholder derivative actions against the boards of directors of both Target and Wyndham Worldwide Hotels as a result of their publicly reported cyber breaches. [read post]
4 Jun 2014, 3:27 am
In Seyfarth’s third installment of its 2014 Trade Secrets Webinar series, Seyfarth attorneys took a closer look at avoidance and mitigation techniques for data breaches, including where the class action plaintiff’s bar is going and what potential defenses and strategies companies can employ in such lawsuits. [read post]
3 Jun 2014, 7:15 am
Walker 13-1193Issue: Whether either full faith and credit principles or due process permits generic findings from the decertified Engle class action, a state-wide class action arising out of diseases and medical conditions allegedly caused by an addiction to cigarettes that contain nicotine—findings the Florida Supreme Court deemed “useless” for issue preclusion purposes—to be used to excuse thousands of plaintiffs in follow-on cases from… [read post]
3 Jun 2014, 4:00 am
What's more, the high court depublished three appellate cases that favored the defense in early 2013. [read post]
2 Jun 2014, 9:17 am
But even they must admit that it is not the death blow to wage-hour class actions that they may have hoped for. [read post]
2 Jun 2014, 9:05 am
Wyndham and the Heartbleed Bug From: Neil Cohen, Publisher Dear Practitioner, Since mass data breaches are the new normal and the FTC, SEC, Attorney Generals, class action lawyers and credit card companies are poised to pounce, we expect data breaches and privacy to be the new centerpieces of federal and state regulation and litigation. [read post]
2 Jun 2014, 8:55 am
McConnell: EPA Overreach 'a dagger in the heart of the American middle class' - U.S. [read post]
2 Jun 2014, 8:17 am
But even they must admit that it is not the death blow to wage-hour class actions that they may have hoped for. [read post]
