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28 May 2015, 10:45 am
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]
16 Nov 2022, 11:19 am
Traction for Constitutionality Defenses Companies have been raising affirmative defenses that damages on a class wide basis are unconstitutional for years. [read post]
3 Nov 2006, 10:52 am
Courts: Judge to Weigh $6.5M Legal Fee in Blue Cross Class Action SettlementU.S. [read post]
15 Dec 2023, 5:56 am
How does a Judiciary Law 487 defense to the bills fare? [read post]
16 Mar 2015, 5:00 pm
Code 13A-10-15 classifies the crime as a Class C felony, punishable by between 2 and 20 years in prison. [read post]
24 Nov 2010, 9:09 am
” In 1951, the aiding and abetting statute was amended to include the language “punishable as” in order to “eliminate all doubt that in the case of offense whose prohibition is directed at members of specified class (e.g. federal employees) a person who is not himself a member of that class may nonetheless be punished as a principal if he induces a person in that class to violate the prohibition. [read post]
21 Dec 2010, 7:36 am
But our favorite (and most appropos for this story) engagement was: Michael Milken’s attorney and law firm in FDIC and class action lawsuits relating to a high-yield bond market Related posts:Diligence So Good It Looks like Insider Trading? [read post]
18 Aug 2021, 5:23 am
Your actions were out of fear or anger The communication you initiated was constitutionally protected Another controversial defense is seeking the protection of the First Amendment. [read post]
24 Mar 2017, 6:34 am
First, while stalking is generally an offense associated with romantic disentanglement or celebrity fixation, federal law uses the stalking statute to proscribe a much broader class of actions. [read post]
15 Jul 2013, 2:18 am
Background As discussed here, in July 2011, shareholder plaintiffs filed a securities class action lawsuit against Lockheed Martin and certain of its directors and officers. [read post]
10 Feb 2020, 10:58 am
So, the judge will have to decide whether this international law defense is even admissible in this context or whether the only excuse defenses allowable are those from New York contract law (e.g., impracticability, duress, unconscionability, etc.). [read post]
21 May 2019, 12:09 pm
Our Naperville business, commercial, class-action, and consumer litigation lawyers represent individuals, family businesses, and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and consumer rights, auto fraud, and wage claim individual and class action cases. [read post]
13 Mar 2012, 10:53 am
” The Magistrate Judge also found that IBM’s potential defenses would be highly fact-specific and depend on testimony of individual plaintiffs and their managers, concluding that “fairness requires that this collective action be decertified given the various individualized issues presented in the case. [read post]
10 Dec 2017, 2:47 pm
Supreme Court held that the filing of a class action complaint tolls the running of the statute of limitations for other class members who might want to file their own individual action or intervene in the class action. [read post]
20 Mar 2008, 8:18 am
One class action suit has been brought on behalf of Bear Stearns employees. [read post]
27 Oct 2010, 5:00 am
The focus of his article is the defense of such actions. [read post]
6 Dec 2008, 6:31 am
(b) In any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds that either party: (1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless; (2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or (3) litigated the… [read post]
5 Jan 2011, 11:18 am
Legal fees to plaintiff counsel typically take 25-35% of any monetary class action settlement, for example, and the corporation’s defense costs are likely comparable in magnitude.[5] The circularity inherent in the securities class action process reduces the effectiveness of private anti-fraud litigation as both a deterrent and means of compensation. [read post]
8 Apr 2019, 1:50 pm
Although certainly there are cases in which a consumer has a valid defense to the action, it is also correct to say that most credit card cases result from a valid debt and a subsequent inability of the consumer to pay that debt. [read post]
You've Gotcha Mail -- Appellate Term, First Department, Recommends "Time Out" for No-Fault Litigants
4 Jan 2011, 6:38 am
Unfortunately, this class of cases has spawned a body of "gotcha" jurisprudence, marked by a near manic preoccupation with form over substance. [read post]
