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10 Dec 2008, 3:17 pm
., C 07-6038-PVT (October 20, 2008).The complaints in each of the underlying putative class action suits against the insured bluetooth headset manufacturer allege that headsets can cause “noise induced hearing loss [NIHL] and that the packaging lacks any warning about such potential hearing loss. [read post]
20 Nov 2006, 11:21 am
§ 230 as an affirmative defense. [read post]
25 Feb 2022, 6:12 am
The defense asserted the special summoning policy violated statutory randomness requirements and constructively excluded a cognizable class. [read post]
5 Jan 2016, 4:35 pm
Nor does it offer a defense to the civil consequence of continued presence: A deferred-action alien remains removable, and DHS has the discretion to remove the alien at any time. [read post]
5 Apr 2013, 9:01 am
Behrend, in which the Court held that the plaintiff class of Comcast subscribers was improperly certified under Rule 23(b)(3), as the class’s proposed damages model could not show damages on a class-wide basis, is “already having major repercussions in several other cases alleging malfeasance by major corporations. [read post]
9 Mar 2012, 8:36 am
Encore's purported "surprise" may have been more akin to "hope" that the settlement earlier this year of the 2008 Brent case (which we blogged about here and here), an Ohio class action that asserted similar claims against Encore and the Midland entities, had put an end to such litigation. [read post]
21 Apr 2019, 9:01 pm
It is the belief that once we have identified a person’s tribe, we know enough to demand action against them. [read post]
11 Sep 2013, 5:34 pm
The time elapsed between the date when defense counsel filed and served the instant motion and the date the motion was decided is excluded. [read post]
28 Jan 2021, 2:47 pm
Background In Garcia, two plaintiffs initiated a potential wage-hour class action against their employer in November 2016. [read post]
29 Mar 2016, 5:00 pm
Braun 14-1124Issue: Whether the Due Process Clause of the Fourteenth Amendment prohibits a state court from certifying a class action, and entering a monetary judgment in favor of the class, where the court permits the use of extrapolation to relieve individual class members of their burden of proof and forecloses the defendants from presenting individualized defenses to class members’ claims. [read post]
20 Jul 2010, 11:07 am
“To successfully plead the cause of action, a plaintiff must allege four elements: 1) that she is a member of a protected class (i.e. that she was pregnant), 2) that she suffered an adverse employment action, 3) that she is qualified for the position, and 4) that a similarly situated employee outside her protected classification was not subject to the adverse action. [read post]
27 Nov 2010, 9:52 am
The parties did not settle, and ultimately Cardinal Partners (not Houttekier) filed a class action lawsuit alleging junk fax violations. [read post]
24 Feb 2021, 1:57 pm
Failure to comply: right to rescind; damages, including on class basis and class actions in Canada are rising, especially Quebec and B.C. [read post]
6 Feb 2015, 3:00 am
In 2014, Red Bull pursued legal action against a U.K. brewery that began selling beer under the brand Redwell. [read post]
14 Feb 2012, 2:09 am
For example, take Ross Douthat's opinion piece in the New York Times on Sunday, Can the Working Class Be Saved? [read post]
15 Apr 2010, 10:14 am
It purports to "block" payments, transfers or donations of property to several classes of individuals related to the crisis in Somalia. [read post]
8 Feb 2024, 7:37 am
If an argument gets out of hand, Arizona law could classify actions taken or words spoken as “domestic violence. [read post]
28 Jul 2016, 4:53 pm
Background The Supreme Court has held that the filing of a class action lawsuit may toll a statute of limitations for all putative class members. [read post]
30 Sep 2010, 4:57 am
Back then the problem was plaintiffs taking second (and third, and fourth....) bites at certifying identical national class actions in different jurisdictions after losing the first time around. [read post]
Attorney General Madigan Brings Consumer Fraud Claims Against Student Loan Debt Settlement Companies
25 Aug 2014, 12:41 pm
You can click here to see a description of the some of the many individual and class-action consumer cases our Chicago consumer lawyers have handled. [read post]
