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19 Sep 2013, 7:27 am
To obtain class certification, the RNs first had to establish that (1) the class was so numerous that joinder of all members was impractical; (2) there were questions of law or fact common to the class; (3) the claims or defenses of the parties were typical of the claims or defenses of the class; and (4) the representative parties would fairly and adequately protect the interests of the class. [read post]
19 Sep 2013, 7:27 am
To obtain class certification, the RNs first had to establish that (1) the class was so numerous that joinder of all members was impractical; (2) there were questions of law or fact common to the class; (3) the claims or defenses of the parties were typical of the claims or defenses of the class; and (4) the representative parties would fairly and adequately protect the interests of the class. [read post]
19 Sep 2013, 3:46 am
That means that class actions work best when the cost of complying with due process is relatively low. [read post]
18 Sep 2013, 11:52 am
Counsel closed by arguing that the State would contend that the 2012 statute is a complete defense to any claim for breach of contract, and surely that amounted to a constitutional “impairment. [read post]
18 Sep 2013, 6:58 am
Posted by Judy SelbyEditor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. [read post]
18 Sep 2013, 5:00 am
Kralowec, "Dukes and Common Proof in California Class Actions," 21 Competition 9, 11-12 (Summer 2012). [read post]
17 Sep 2013, 5:23 pm
CPL 330.50 (1) requires a court upon setting aside a verdict to take the same action as the appropriate appellate court. [read post]
17 Sep 2013, 4:13 pm
The affidavit shall be by a person having knowledge of the facts; it shall recite all the material facts; and it shall show that there is no defense to the cause of action or that the cause of action or defense has no merit. [read post]
17 Sep 2013, 11:31 am
But it is not without its own checks – implied preemption and no private cause of action. [read post]
17 Sep 2013, 2:08 am
Judge Posner is often considered to be a pro-defense jurist, particularly in the area of class actions. [read post]
16 Sep 2013, 7:38 am
It's often like "if you support our encryption technique even though you think there are better alternatives out there, we'll support your handover mechanism even though we think it's not best of class". [read post]
16 Sep 2013, 4:45 am
Courts are split on this for putative class actions. [read post]
15 Sep 2013, 9:00 pm
Although the Governor’s actions saved Frank from execution by the State, he lived for just two more two months. [read post]
14 Sep 2013, 5:01 pm
On March 17, 2010, defendant made bail, and the court adjourned the case for grand jury action to April 28, 2010. [read post]
14 Sep 2013, 10:47 am
Maechtlen and Brian Wong As the EEOC trains its focus on systemic enforcement actions, discovery battles over probative claimant information will continue to grow in importance proportionally with the claimant class size. [read post]
13 Sep 2013, 1:31 pm
The Future of Federal Class Actions The Supreme Court issued its landmark Dukes and Concepcion decisions in the 2011 term, and issued four more class-action decisions this past term. [read post]
13 Sep 2013, 7:12 am
Granting in part and denying in part the EEOC’s motion for a protective order in this class-wide Title VII and Sec. 1981 action, the magistrate directed that the protective order exclude language that would have allowed the EEOC to disclose otherwise confidential information. [read post]
13 Sep 2013, 5:00 am
According to the court, “A defendant in a class action has a due process right to raise individual challenges and defenses to claims, and a class action cannot be certified in a way that eviscerates this right of masks individual issues. [read post]
12 Sep 2013, 2:21 pm
I have had a full plate with my term as President of the Tennessee Association of Criminal Defense Lawyers , a class at The Trial Lawyers College , as well as practicing law. [read post]
12 Sep 2013, 7:37 am
He’s the only justice on the Court to take that position.The Court is closely divided on tort preemption issues, and Justice Thomas is found in the pro-preemption camp more often than not (how the defense lost him in Levine (and in an earlier non-decision called Kent, for that matter) is beyond the scope of this post). [read post]
