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10 Mar 2013, 6:31 am
Except in the less frequent context of a settled class action under the state supplemental claims or a collective action with a substantial number of opt-in plaintiffs, I have never had an employer ask me to conduct a fairness hearing so that it has the protection of a court-approved release. [read post]
8 Mar 2013, 8:59 am
We’re far more concerned about attempts to pursue medical monitoring through class actions. [read post]
6 Mar 2013, 11:35 am
The court pointed to a number of pre-lawsuit notices from the Commission that the bank should have known triggered its duty to suspend the bank’s automatic purging process, long before the Commission filed a class action lawsuit. [read post]
6 Mar 2013, 10:00 am
As explained below, except for the last paragraph of the case, this mostly just restates holdings of other cases But there is one highly significant holding at the end of the case concerning the application of “Trial by Formula” to wage/hour class actions that defense lawyers should be expected to cite in almost every class action they defend. [read post]
6 Mar 2013, 8:50 am
The bill is intended to cover, “any damages resulting from negligent acts, or willful acts that are not undertaken in self-defense. [read post]
6 Mar 2013, 6:34 am
This bill does not seek to regulate political speech or limit political action. [read post]
6 Mar 2013, 4:30 am
(We in the defense business would call that a bad specific causation fact.) [read post]
5 Mar 2013, 5:08 am
Catholic Health Sys. of Long Island, which affirmed the dismissal of a putative FLSA collective action brought by nurses against a series of health-care providers. [read post]
4 Mar 2013, 1:26 pm
Finally, it also noted that 'the denial of a Presidential Permit would likely result in actions by other firms in the United States (and global) petroleum market, such as use of alternative modes to transport WCSB and Bakken crude.'" [read post]
4 Mar 2013, 12:25 pm
The respondents in each of the proceedings asserted affirmative defenses based on Emily’s alleged lack of standing. [read post]
4 Mar 2013, 4:11 am
” (I still don’t understand why this argument doesn’t mean that all class actions should be dismissed for lack of standing. [read post]
3 Mar 2013, 6:56 pm
In efforts to build its defense, the Defendant requested discovery of the employees’ social media accounts, text messages, and emails. [read post]
3 Mar 2013, 11:33 am
• How the sluggish U.S. economy during 2012 fueled more class action and collective class action litigation and how this trend will continue in 2013. [read post]
1 Mar 2013, 9:36 am
As to the safety defense, the Court rejected such an affirmative defense because Exxon merely assumed that Plaintiff posed a safety risk in the work environment merely because of her disability of alcoholism. [read post]
1 Mar 2013, 6:56 am
Early summary judgment motions may be a good defense strategy in some cases. [read post]
1 Mar 2013, 1:15 am
Use of own labels - The court rejected the defendant's contention on use of their own labels and held that this was no defense in an action of infringement. [read post]
28 Feb 2013, 11:18 am
In this regard, the Court found that the named representatives were not adequate under Rule 23 nor was the class action vehicle superior. [read post]
28 Feb 2013, 6:52 am
The Supreme Court has handed down its first class-action related opinion of the 2012-13 Term, Amgen Inc. v. [read post]
27 Feb 2013, 9:17 am
Indeed, allowing the parties privately settle and dismiss an action with prejudice arms employers with claims preclusion or res judicata defenses to later claims. [read post]
26 Feb 2013, 3:24 pm
Contact Our Attorneys About Your Actos Claim If you or a loved one has taken Actos and has bladder cancer, you may have a claim in this class action. [read post]
