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24 Apr 2013, 7:21 am by Sheldon Toplitt
The denial of the motion to dismiss is not dispositive of the outcome of the case, but based on Judge Crotty's acid-laced remarks, defense counsel may need a shot of Novocaine to get through this case. [read post]
24 Apr 2013, 4:30 am by Steve McConnell
  In Hwang, the plaintiff brought a purported class action on behalf of a nationwide class of consumers who purchased the defendants’ sanitizing products. [read post]
23 Apr 2013, 12:43 pm by John Elwood
DHL Express (USA), Inc.12-747Issue: Is a class representative in a putative class action faced with a Rule 68 offer of judgment in excess of its potential recovery that makes no reference to class claims required to reject said offer, proceed to trial, and bear all of the costs of continuing litigation in order to preserve its right to appellate review of a denial of class certification? [read post]
23 Apr 2013, 3:17 am by Andrew Trask
Symczyk, in which a nurse appealed the dismissal of her FLSA collective action after the defendant made an offer of judgment and then moved to dismiss her case as moot, seemed to offer a solution to the longstanding question of whether the offer of judgment is a valid defense tactic in class actions. [read post]
23 Apr 2013, 2:02 am by Kevin LaCroix
Many of the options backdating cases were filed as derivative suits rather than as securities class action lawsuits (largely because the options backdating disclosures did not always result in the kinds of significant share price declines required to support a securities class action lawsuit). [read post]
22 Apr 2013, 5:00 pm
Contact Birmingham Criminal Defense Attorney Steven Eversole at (866) 831-5292. [read post]
22 Apr 2013, 9:44 am by Anna Gelpern
The class action solution also finds support with David Skeel here. [read post]
19 Apr 2013, 5:35 pm by Schachtman
Ct. 1309 (2011), when it unanimously affirmed the reversal of a trial court’s Rule 12(b)(6) dismissal of a securities fraud class action. [read post]
19 Apr 2013, 1:30 pm by Kirk Jenkins
All in all, 2012 was a reasonably good year at the Court for the business defense bar. [read post]
19 Apr 2013, 5:04 am by Jon Hyman
— from Trading Secrets TimeRescue Joins Market for Time and Productivity Tools — from WorkforceHR & Employee Relations Why Courts Like Non-Solicits over Non-Competes — from Smooth Transitions A whopper of a resignation — from Passive Aggressive Notes Pregnant at Work — from Lawyerist The Do’s And Don’ts Of Discussing National Tragedies At Work — from Workplace DivaWage & Hour DOL Publishes PowerPoint Presentation to Help Train Employees… [read post]
18 Apr 2013, 3:41 am by Andrew Trask
But, despite what the leap to legislative recommendations implies, there are some tactics class action defense lawyers can use (short of the due process challenges he discusses) to fight statutory damage cases: Focus on fairness. [read post]
17 Apr 2013, 5:02 pm by Jeff Kosseff
account holder, Fayelynn Sams, filed a putative class action lawsuit. [read post]
17 Apr 2013, 3:28 pm by Seyfarth Shaw LLP
The Court further noted that Wendy’s may have unique defenses with respect to some class members, including judicial estoppel, statute of limitations, and undue hardship defenses. [read post]
17 Apr 2013, 2:46 pm by Steven G. Pearl
 The Court distinguished cases arising in the Rule 23 class action context, "both because Rule 23 actions are fundamentally different from collective actions under the FLSA ... and because these cases are, by their own terms, inapplicable to these facts." [read post]
17 Apr 2013, 1:15 pm by Eric Alexander
  As with any medical device, the classification as Class I (PMA), Class II (510(k)), or Class III (general controls) and the intended use of the product compared to products already on the market were key issues. [read post]
16 Apr 2013, 12:39 pm by Greg Mersol
  With this opinion, offers of judgment may become a more viable means for employers to cut off FLSA collective actions brought by individual disgruntled employees before undertaking the substantial cost of their defense. [read post]
16 Apr 2013, 10:32 am by Steven Eversole
  Any amount discovered that police determine is not for personal use will be prosecuted as a Class C felony. [read post]