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20 Aug 2013, 6:27 am
Supreme Court held the Federal Arbitration Act preempted California’s judicial rule concerning the unconscionability of class action arbitration waivers in consumer contracts. [read post]
20 Aug 2013, 5:55 am
There are several takeaways from this opinion for defense counsel: Numerosity remains a powerful argument, particularly where plaintiffs seek to inflate a one-time error into a class action. [read post]
20 Aug 2013, 5:05 am
This case is particularly important because it addresses the common situation in which a defendant-employer, at least arguably, crosses the line from attempting to mount a defense to a potential collective/class action, and begins to improperly exercise its unequal power over its current employees/putative class members. [read post]
20 Aug 2013, 1:17 am
An August 9, 2013 post on the Class Action Lawsuit Defense Blog about the decision can be found here. [read post]
19 Aug 2013, 11:47 am
Ill Aug. 13, 2013), the plaintiff brought a collective and class action, alleging she and other store managers were misclassified as exempt under both the FLSA and Illinois state law. [read post]
19 Aug 2013, 11:43 am
There are defenses to child abuse including one defense aptly named “the parental defense. [read post]
19 Aug 2013, 5:50 am
Plaintiff and defense counsel both may claim some large and small victories in this term’s class action decisions. [read post]
18 Aug 2013, 12:21 pm
The most glaring example is criminal defense. [read post]
16 Aug 2013, 3:35 pm
VRASTIL, ETC., Appellee. 5th District.Wrongful death -- Product liability -- Tobacco -- Engle progeny case -- Manifestation of disease for purpose of inclusion in Engle class membership -- Trial court did not err in instructing jury that decedent's manifestation of peripheral vascular disease occurred when he had symptoms of the disease, instead of when decedent was on notice of the causal connection between his smoking and the disease -- Conflict certified -- Trial court did not err in… [read post]
16 Aug 2013, 11:54 am
There was an FCC investigation that ended inconclusively, and in addition a class action lawsuit in the Northern District of California. [read post]
16 Aug 2013, 11:54 am
There was an FCC investigation that ended inconclusively, and in addition a class action lawsuit in the Northern District of California. [read post]
15 Aug 2013, 2:51 pm
But standing is merely a threshold inquiry that requires the class action plaintiff to demonstrate she suffered economic injury by virtue of the purchases she herself made, not for the other transactions that she seeks to represent. [read post]
15 Aug 2013, 1:54 pm
GapLinkedIn Beats Referrer URL Privacy Class Action on Article III Standing Grounds--Low v. [read post]
15 Aug 2013, 2:27 am
Many observers of class actions (including me) have promoted the use of mediators in negotiating class action settlements. [read post]
14 Aug 2013, 1:33 pm
Given the difference in pay structures, the court found that the claims would “necessitate individual factual inquiries and defenses which are inappropriate to resolve as a class. [read post]
13 Aug 2013, 9:40 am
Lane, a challenge to a settlement between Facebook and its users in a privacy class action. [read post]
13 Aug 2013, 9:30 am
The lawyers argued that their concerted action was expression protected by the First Amendment. [read post]
13 Aug 2013, 5:00 am
Certification of a nationwide class wasn’t before the court presently and choice of law isn’t standing. [read post]
13 Aug 2013, 3:50 am
But, more instructively, the court also held that individual lawsuits were superior to the proposed class action. [read post]
12 Aug 2013, 5:08 am
Court rejects use of social media evidence in defense of wage-and-hour claim [read post]
