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13 Aug 2012, 6:41 am
Both can present significant challenges for the defense. [read post]
12 Aug 2012, 3:09 pm
Geraghty, decided the same day as Roper, was a prisoner class action. [read post]
11 Aug 2012, 6:52 pm
Aetna Health Plans of Cal., 8 No. 7 Westlaw Journal Insurance Bad Faith 11, Westlaw Journal Insurance Bad Faith August 7, 2012 A California plastic surgeon has filed a class-action lawsuit alleging health insurance giant Aetna bars doctors from participating in its plans if they refer patients to out-of-network providers. [read post]
10 Aug 2012, 9:07 am
Aggravated stalking in the second-degree is essentially the same as stalking, with the exception that the actions violate a court order or injunction against said action. [read post]
10 Aug 2012, 8:26 am
Holder specifically alleged that these executives had sought to deplete retirement accounts of the middle class. [read post]
10 Aug 2012, 6:12 am
Editor’s Note: The following post comes to us from Steve Nickelsburg, partner at Clifford Chance LLP focusing on government investigations, white-collar matters, complex civil litigation, and class action defense. [read post]
10 Aug 2012, 5:30 am
Bayer, when a named plaintiff attempts to defeat a defendant’s right of removal under the Class Action Fairness Act of 2005 by filing with a class action complaint a “stipulation” that attempts to limit the damages he “seeks” for the absent putative class members to less than the $5 million threshold for federal jurisdiction, and the defendant establishes that the actual amount in controversy, absent the … [read post]
10 Aug 2012, 3:00 am
In an all-day session, two dozen defense trial lawyers will speak in 20-minute sessions on topics such as: Tony Lathrop on “In-House Counsel Perspectives on Litigation Challenges and Trends” David Neave on “Effectively Managing Inter-Jurisdictional Class Actions” David Harris on “Trade Secret Litigation” Jeff Williams on ”Managing E-Discovery Providers - Avoiding Traps for the Unwary” The Network is a… [read post]
10 Aug 2012, 1:28 am
In rejecting the company’s arguments that the insider sales were made pursuant to Rule 10b5-1 trading plans, Judge Forrest found that because the trading plans were entered during the class period, they “are not a cognizable defense to scienter allegations on a motion to d [read post]
9 Aug 2012, 5:00 pm
Aggravated stalking in the second-degree is essentially the same as stalking, with the exception that the actions violate a court order or injunction against said action. [read post]
9 Aug 2012, 2:00 pm
My fellow class action blogger Paul Karlsgodt did a great post last week on “Voluntary Refund Programs as a Class Action Defense Strategy. [read post]
9 Aug 2012, 8:36 am
Defendant continues to state:However, STATE FARM maintains, as is part of its First Affirmative Defense that RIOS’ actions did contribute to her injuries complained of and therefore any recovery by RIOS is diminished or extinguished thereby. [read post]
8 Aug 2012, 7:22 pm
That action implicates important constitutional rights. [read post]
8 Aug 2012, 5:30 pm
– New York lawyer Marshall Babson of Seyfarth Shaw on the firm’s Employer Labor Relations Blog Framing Infringing Videos is Not Copyright Infringement, Rules Seventh Circuit – Seattle intellectual property lawyer Tonya Gisselberg on her blog, Seattle Copyright Watch California Trial Court Decertifies Class of 13,000 Wackenhut Employees Under Dukes – Cleveland lawyer Greg Mersol of Baker Hostetler on the firm’s Employment Class Action Blog… [read post]
8 Aug 2012, 2:18 pm
A California District Court has dismissed with prejudice a class action lawsuit filed against LinkedIn on behalf of its registered users, finding the allegations too speculative to sustain a lawsuit. [read post]
8 Aug 2012, 1:26 pm
Posted by Greg MersolWhat a difference a year or two can make in class action litigation. [read post]
8 Aug 2012, 11:16 am
But if, as we predict, the court rules that the commonality and/or due process concerns addressed in Dukes apply in Rule 23(b)(3) wage and hour class actions, it will provide employers with new ammunition in their defense against such lawsuits. [read post]
8 Aug 2012, 8:30 am
Skilstaf sued on behalf of the same class certified and settled in the Massachusetts action. [read post]
8 Aug 2012, 6:00 am
Here are a few things I gleaned from the Afterburner presentation that could be helpful in defending class actions and other complex litigation: Clearly Define Your Mission: Often in litigation the end game is not clearly defined. [read post]
7 Aug 2012, 2:11 pm
Corporations have used this type of defense for decades. [read post]
