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18 Nov 2010, 12:37 pm by Bexis
” This action has now been removed; therefore, federal law, not state law, governs the specificity that Plaintiffs must plead in order to survive a 12(b)(6) motion.Id. at *2 (Granny Goose quotation omitted)In Rockwood Retaining Walls, Inc. v. [read post]
15 Oct 2010, 3:40 pm by Steven G. Pearl
Given Wal-Mart's pending petition for certiorari in Dukes, it may have been more helpful to have a 23(b)(3) analysis here.Invalidation of Opt OutsThe district court found that CDN had pressured class members to opt out and invalidated the opt outs. [read post]
5 Oct 2010, 11:05 pm by The Complex Litigator
Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. 2010) (en banc), the trial court applied essentially identical standards and correctly decided the issue. [read post]
27 Sep 2010, 5:45 pm by Matt C. Bailey
Chinese Daily News, Inc., __ F.3d. __ (2010), addressing numerous challenges by the employer to a judgment entered in favor of classes certified under Rule 23(b)(2). [read post]
27 Sep 2010, 9:22 am by Conor McEvily
Today’s first petition of the day is: Title: Wal-Mart v. [read post]
16 Sep 2010, 6:00 am by Beth Graham
” See K Mart Corp., 937 S.W.2d at 431; Hall, 909 S.W.2d at 492; Texaco, Inc., 898 S.W.2d at 815. [read post]
10 Sep 2010, 8:07 am by Bexis
Kenworth Alaska, Inc., 155 P.3d 318, 328, n.35 (Alaska 2007), and has deducted a plaintiff’s comparative negligence from verdicts. [read post]
26 Aug 2010, 4:48 pm by Steven G. Pearl
Wal-Mart Stores, Inc., yesterday asked the Supreme Court of the United States to review the Ninth Circuit's en banc decision in Dukes v. [read post]
10 Aug 2010, 8:05 pm by Eric Schweibenz
., Funai Corporation, Inc., JVC Kenwoor Holdings, Inc., Victor Company of Japan Limited, JVC Americans Corp., Best Buy Co., Inc., B & H Foto & Electronics Corp., Huppin’s Hi-Fi Photo & Video, Inc., Buy.com Inc., Liberty Media Corporation, QVC, Inc., Crutchfield Corporation, Wal-Mart Stores, Inc., and Computer Nerds International, Inc. [read post]