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8 Dec 2013, 5:30 am
http://t.co/f970bxm1zG -> Computer and Internet Law Updates for 2013-12-02: Nathan Myhrvold on why Silicon Valley thinks the patent syst… http://t.co/CYeqeIDwqc -> The wheels of justice must turn – intrusion upon seclusion claim dismissed http://t.co/qkWw2iUPOW -> Dutch Parliament wants to abolish protection for non-original writings from copyright law http://t.co/CeNExw8SSP -> ITIF Releases New Report on TPP Trade Agreement http://t.co/yxDdr2V4F1 -> The Politics of… [read post]
6 Dec 2013, 12:42 pm
After all, banks want to make sure they win if they are sued by aggravated customers, not to mention hordes of them being rounded up for a class action. [read post]
6 Dec 2013, 9:04 am
Second, the creation of certain procedural road blocks – or avenues of opportunity – to successful pursuit of class action litigation lends to the ever growing arsenal of defense positions that employers can put to good use in workplace class action litigation (or challenges that they need to account for in shaping their defense strategies). [read post]
5 Dec 2013, 6:45 am
She was in a protected class, was qualified for her position, and was terminated. [read post]
5 Dec 2013, 4:00 am
Dec. 4, 2013), the Court of Appeal (Second Appellate District, Division Seven) reversed the trial court's order denying class certification in a wage and hour action. [read post]
5 Dec 2013, 2:36 am
So what does this mean for defense counsel? [read post]
4 Dec 2013, 11:40 pm
On the other hand, in complying with the Second Circuit Court of Appeals’ indication that Google had a compelling “fair use” defense that would end the case without the aggravation of going through a full class action, Judge Chin appears to have been suddenly struck by the transformative and beneficial powers of the Google Book Project, and accordingly granted Google a sweeping “fair use” blessing. [read post]
4 Dec 2013, 11:54 am
The Fifth Circuit’s decision upholding the class action waiver provision is in accord with recent class action waiver cases supporting a broad interpretation of the FAA. [read post]
4 Dec 2013, 11:54 am
The Fifth Circuit’s decision upholding the class action waiver provision is in accord with recent class action waiver cases supporting a broad interpretation of the FAA. [read post]
4 Dec 2013, 5:20 am
Antitrust is generally designed to protect consumers, while Lanham Act is also designed to protect competitors—antitrust is happy if someone sues, but Lanham Act specifically protects competitors who should get to sue.Mary Massaron Ross - Immediate Past President of DRI - The Voice of the Defense Bar, representing amicus curiae, DRIDRI has 22,000 members, representing businesses/individuals in civil litigation. [read post]
3 Dec 2013, 1:10 pm
All current or potential employees in New Jersey who are members of a protected class are protected from workplace discrimination. [read post]
3 Dec 2013, 12:20 pm
I think non-competitors, especially plaintiffs’ class action lawyers, bring more than enough low-merit false advertising lawsuits already. [read post]
3 Dec 2013, 5:00 am
The importance of defenses in deciding class certification is often overlooked or underemphasized. [read post]
2 Dec 2013, 7:24 am
In one recent Ford case, for example, the Third Circuit remanded a certified class action to the district court for decertification where some class members benefitted from the challenged practice and others suffered a greater or lesser alleged injury.[2] Hence, even if a class is initially certified, it is important to continue to develop defenses against class certification that the trial court may not have appreciated fully at an earlier point… [read post]
2 Dec 2013, 7:24 am
In one recent Ford case, for example, the Third Circuit remanded a certified class action to the district court for decertification where some class members benefitted from the challenged practice and others suffered a greater or lesser alleged injury.[2] Hence, even if a class is initially certified, it is important to continue to develop defenses against class certification that the trial court may not have appreciated fully at an earlier point… [read post]
1 Dec 2013, 9:53 pm
They act defensively and take no steps to prevent the event from occurring again. [read post]
1 Dec 2013, 3:50 am
In the absence of agreement even about foundations, there is little likelihood that critical analysis will be positive except in the defense of alternative foundations of system construction. [read post]
26 Nov 2013, 2:22 pm
Nov. 20, 2013), Plaintiffs brought an FLSA collective action alleging that they, and the putative class members, worked “off the clock” without pay. [read post]
25 Nov 2013, 10:32 am
The piece merely mentioned that Nifong was disbarred without explaining how or why.Karlamangla then presented events of the case with action verbs (emphasis added below) all but designed to invite the reader to doubt: “The defense claimed” Nifong ordered a procedurally improper photo array. [read post]
25 Nov 2013, 6:18 am
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. [read post]
