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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]
28 Jun 2013, 5:02 am
Causation, of course, is a highly fact-specific inquiry and the court invited further briefing on class certification. [read post]
27 Jun 2013, 11:27 am
Conclusion The Supreme Court’s ruling in Vance narrows the class of employees whose actions can potentially hold an employer vicariously liable for creating a hostile work environment under Title VII. [read post]
27 Jun 2013, 8:03 am
Of the four dissenters (Robert, Scalia, Thomas and Alito), all found Section 3 to be constitutional and all but Alito found that BLAG lacked standing to defend the action. [read post]
26 Jun 2013, 5:56 pm
Because it creates two-classes of marriages within a state that recognizes one class of marriage, and forces couples to treat their relationship one way for state purposes and another for federal purposes, it violates the most basic principles of equal protection. [read post]
26 Jun 2013, 2:00 pm
Section Three is where the action is, and is the part of DOMA challenged in Windsor. [read post]
26 Jun 2013, 12:43 pm
This post focuses on the Court's invalidation of Section 3 of the federal Defense of Marriage Act.]In United States v. [read post]
26 Jun 2013, 9:00 am
The FAC, and each cause of action alleged therein, is barred by the doctrines of unclean hands, estoppel, waiver, and laches. 25. [read post]
