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7 Oct 2013, 11:01 am
Such persons would be a pretty small percentage of the whole, require individualized investigation incompatible with class action treatment to identify, and in any event failed to mitigate their purported damages.In the event of option (2), then a cause of action for medical monitoring fails of its own terms, since every state that we know of which has permitted this novel tort has, as an essential element, that the monitoring being sought “exists” and… [read post]
7 Oct 2013, 6:00 am
” The court held that the premises of Townsend’s rule—if a general maritime law cause of action and remedy predated the Jones Act, and the Jones Act did not address that cause of action or remedy, then that remedy remains available under that cause of action unless and until Congress intercedes—were satisfied. [read post]
7 Oct 2013, 5:00 am
His later actions are inexplicable. [read post]
6 Oct 2013, 11:22 am
Posted by AdminAuthored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. [read post]
6 Oct 2013, 11:15 am
Posted by AdminAuthored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. [read post]
Discovery issues regarding statutory pre-licensure medical examination of a bus driver in California
3 Oct 2013, 10:04 am
DEFENSE COUNSEL: Objection. [read post]
3 Oct 2013, 9:40 am
This, according to the 3rd Circuit Court, gives the defendant the right "to raise individual challenges and defenses to claims". [read post]
2 Oct 2013, 2:50 pm
It is also anticipated that the defendant will interpose an alibi defense. [read post]
2 Oct 2013, 2:02 pm
The availability of statutory damages provides a basis for plaintiffs to evade "standing" defenses that often block privacy class action suits. [read post]
2 Oct 2013, 12:38 pm
Edison International,” the article set forth my view that, in Civil War parlance, the decision in Hecker, which was being highly trumpeted by the defense bar at the time as a major victory, was, in fact, little more than the high water mark for plan sponsors and vendors in defending against excessive fee class actions. [read post]
1 Oct 2013, 3:42 pm
We have the best defense lawyers here in Stephen Bilkis and Associates. [read post]
1 Oct 2013, 10:55 am
Let’s start with the class action issue. [read post]
1 Oct 2013, 6:00 am
Our next post will continue the discussion of strategies in class action engagement [read post]
1 Oct 2013, 6:00 am
Our next post will continue the discussion of strategies in class action engagement. [read post]
29 Sep 2013, 6:53 pm
For this class we review the organization of the general government of the United States--what is commonly now called its "federal" government. [read post]
25 Sep 2013, 9:31 am
The defense side of the firm’s practice is equally diverse, representing clients in a broad spectrum of disputes ranging from defenses of general negligence allegations to complex class action defenses. [read post]
25 Sep 2013, 9:30 am
The opinion upheld a contract containing a class-action waiver in the form of a mandatory arbitration clause. [read post]
25 Sep 2013, 9:30 am
The opinion upheld a contract containing a class-action waiver in the form of a mandatory arbitration clause. [read post]
25 Sep 2013, 9:29 am
The defense asserted that the class members had a duty to mitigate damages, including emotional damages. [read post]
25 Sep 2013, 6:37 am
Posted by AdminEditor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog and was authored by Matthew Moody and Sammatha Clegg In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers license records. [read post]