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8 Aug 2017, 6:29 pm
To state a prima facie case of Title VII retaliation we need: (1) protected activity; (2) materially adverse action; and (3) a causal connection between the two.Let's go to the memo: Stop restricting programs and classes to certain genders or races. [read post]
26 Jan 2017, 4:33 am by Edith Roberts
’”  Briefly: At Mayer Brown’s Class Defense Blog, Andrew Pincus and others look at two cases the court will decide this term that involve two “facets of personal jurisdiction,” general and specific jurisdiction, maintaining that class-action defendants “should follow both cases closely, and both will be important barometers for whether the Court is committed to maintaining strict limits on the scope of personal… [read post]
22 Oct 2014, 6:54 am by Joy Waltemath
The plaintiffs claimed the purpose of the email was to identify potential class members to engage in employment discrimination litigation and that this was an injury because class actions cause defendants to settle by paying substantial sums of money, regardless of the merits of the controversy, simply because the cost of defense is so high. [read post]
14 Dec 2009, 8:05 am by Stephen D. Rosenberg
Those people are not going to go quietly into decades of financial struggle in retirement, if there is a target for complaints about the operation, returns, or anything else concerning their 401(k) plans who can be sued; they make for a nice big pool of potential class action representatives, a huge pool of potential class members, and gazillions of potential individual claimants, for the latter of whom even a relatively small recovery will be significant relative to the… [read post]
1 May 2024, 6:23 am by Barry Barnett
Discrete features of boot design lacked distinctiveness necessary for trademark. 231150.P.pdf (uscourts.gov) Even a little harm from discriminatory change in work suffices under Title VII. 22-193_q86b.pdf (supremecourt.gov) Delay in bringing suit for trademark infringement until after limitations would have expired under state-law analog to Lanham Act required presumption that laches barred claim. 231273p.pdf (uscourts.gov) In class action over false claim that products… [read post]
3 Jun 2015, 5:14 am by Amy Howe
”  And Tim Bishop and Chad Clamage do the same at Mayer Brown’s Class Defense Blog, suggesting that the Court is likely to grant one or more of the “cert petitions, [which] now ask the Court to pick up where it left off in Dukes and Comcast and further flesh out the limits of when a case may be litigated as a class action. [read post]
20 May 2010, 1:21 pm by Russell Jackson
  So Dan Fisher is right:  these mammoth Toyota class actions are not a cakewalk for the plaintiffs' lawyers. [read post]
5 Jul 2023, 7:33 am
Likelihood of Confusion: With respect to the goods that were subject to the laches defense, the question, then, was whether confusion was inevitable, since a laches defense may be overcome by proof of inevitable confusion. [read post]
13 Jun 2012, 1:26 pm by admin
Competition class actions have also been initiated in connection with misleading advertising claims. [read post]
4 Aug 2016, 6:00 am by Beth Graham
  Cash Biz also asked the court to enforce the class action waiver included in the agreement. [read post]
21 Sep 2009, 2:34 am
" The goal of the bill, he contends, is simply "to rope in more ‘deep pocket’ defendants to feed the plaintiff’s bar’s lucrative class action machine. [read post]
29 Dec 2011, 4:58 pm by William N. Hebert
The immediate impact of the Harris decision is to make more complex the analysis of overtime wage claims in class actions in California. [read post]
28 Jan 2010, 5:00 am by Kimberly A. Kralowec
  According to the "scheduled actions" page of the docket, the Pfizer opinion is due to be filed by March 1, 2010. [read post]
11 Nov 2020, 12:24 pm by John Lewis
Judge Chen’s Order strengthens the use of the CPR Rules and Protocol as a means to respond to the mass individual arbitration tactic used by some plaintiffs’ counsel to overcome class or collective action waivers. [read post]
15 Jan 2010, 2:01 am by Kevin LaCroix
Thus, the authors conclude, pay to play "appears to increase agency costs borne by shareholders in securities class actions. [read post]