Search for: "Class Action Defense"
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8 Jul 2013, 6:36 am
Under NY’s procedural rules, a class action for statutory damages under §349 can’t be maintained. [read post]
8 Jul 2013, 12:00 am
Google also raised the defense that the class representatives do not adequately protect the interests of the class as a whole. [read post]
6 Jul 2013, 5:04 pm
Its actions were deemed in the colonial empire as efforts to usurp the prerogatives and rights of Englishmen at the heart of the American political ideology. [read post]
5 Jul 2013, 6:24 am
We have no interest at this point in pursuing any sort of legal action against MTV or the producers of “Jersey Shore. [read post]
2 Jul 2013, 8:32 am
We conclude that class certification was premature in the absence of a determination by the District Court of the merits of Google's 'fair use' defense," according to the appellate court ruling. [read post]
2 Jul 2013, 8:14 am
Not every intra-class conflict will be this stark, but defense attorneys can use the reasoning in Schlaud to show why intra-class conflicts are a problem in other class actions that involve large groups with divergent interests. [read post]
2 Jul 2013, 7:36 am
Last year, the district court judge overseeing the Google Book Search case certified the plaintiff-authors as a class in the action the Authors Guild filed against Google in 2005. [read post]
2 Jul 2013, 5:50 am
For example, removal under the Class Action Fairness Act is dependent on making a threshold showing that the amount in controversy exceeds $5,000,000. [read post]
2 Jul 2013, 4:50 am
For example, removal under the Class Action Fairness Act is dependent on making a threshold showing that the amount in controversy exceeds $5,000,000. [read post]
2 Jul 2013, 4:50 am
For example, removal under the Class Action Fairness Act is dependent on making a threshold showing that the amount in controversy exceeds $5,000,000. [read post]
1 Jul 2013, 12:20 pm
Circuit Court of Appeals has thrown out the class action status previously given to the Authors Guild, saying that the judge was premature in granting it and that the judge should first analyze Google’s fair use defense before making such a determination. [read post]
2nd Circuit rejects class certification in the Google Books saga (and evokes fair use defence for G)
1 Jul 2013, 11:22 am
While certifying a class is in principle a green light for a class action to go to trial, last August the US Second Circuit Court of Appeals granted Google permission to appeal the certification. [read post]
30 Jun 2013, 10:03 pm
May a plaintiff defeat removal of a class action case from state to federal court under the Class Action Fairness Act of 2005 by claiming that the amount in dispute falls below the $5 million threshold for removal? [read post]
30 Jun 2013, 9:29 pm
The opinion concludes that DOMA’s very object was “to ensure that if any State decides to recognize same-sex marriages, those unions will be treated as second-class marriages for purposes of federal law. [read post]
30 Jun 2013, 1:23 pm
The defendant was convicted of cocaine possession in the fourth degree (a class C felony), possession of a weapon (also a felony), and misdemeanor counts of crack possession. [read post]
28 Jun 2013, 6:52 pm
The case involved is a reprehensible police action including violence and deception, culminating in the further deceitful luring of a Pennsylvania resident into New York solely to make a sale of cocaine, for which he was convicted and sentenced to 15 years to life at Attica. [read post]
28 Jun 2013, 9:14 am
It is often good strategy to try and get rid of a class or collective action case early on, preferably at the pleadings stage. [read post]
28 Jun 2013, 7:14 am
It is often good strategy to try and get rid of a class or collective action case early on, preferably at the pleadings stage. [read post]
28 Jun 2013, 7:14 am
It is often good strategy to try and get rid of a class or collective action case early on, preferably at the pleadings stage. [read post]
28 Jun 2013, 6:28 am
Taking action the very same day of the Supreme Court’s historic decision declaring Sec. 3 of the Defense of Marriage Act (DOMA) unconstitutional, Rep. [read post]
