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5 Jul 2012, 9:40 am by rhall@initiativelegal.com
  Judge Matz went on to enumerate the predominant common questions, and in doing so provided useful guidance for plaintiffs and counsel who confront perhaps the most recurring of class action defenses where commonality is dispositive to certification. [read post]
5 Jul 2012, 9:36 am by Martin Pritikin
I may want them to think critically about why the parties chose to litigate the causes of action they did (or raise the issues they did on appeal), about what other causes of action or defenses might have been asserted or strategies pursued, and about the practical considerations (cost; likelihood of success; malpractice or ethical concerns) of pursuing those strategies. [read post]
5 Jul 2012, 7:24 am by Sean Wajert
The Pennsylvania Supreme Court agreed earlier this month to review an important class action issue: the use of "trial by formula" as a vehicle to overcome the un-manageability and predominance of individual issues in a proposed class action. [read post]
5 Jul 2012, 7:01 am
 Defense counsel thought (or hoped) that Stolt-Nielsen would preclude class arbitration whenever the arbitration clause did not expressly allow class or collective proceedings. [read post]
5 Jul 2012, 7:01 am
 Defense counsel thought (or hoped) that Stolt-Nielsen would preclude class arbitration whenever the arbitration clause did not expressly allow class or collective proceedings. [read post]
5 Jul 2012, 6:00 am by Wystan M. Ackerman
  (This has been a fairly hot issue in title insurance class actions – see the Title Insurance page of this blog for more updates.) [read post]
5 Jul 2012, 5:58 am by Rebecca Tushnet
Goodman and others brought a putative class action against HTC America, a phone manufacturer, and three entities of the weather forecaster AccuWeather. [read post]
5 Jul 2012, 12:14 am by admin
Aggravated robbery occurs when an individual takes property from another person while using force or threatening to use force through words or actions. [read post]
4 Jul 2012, 1:52 pm by Lyle Denniston
  Under this Court’s cases, a law with a rational basis that does not implicate a suspect class or heightened scrutiny is constitutional. [read post]
4 Jul 2012, 7:19 am by Giorgio Buono
; Thomas Pfeiffer, Recast of the Brussels I Regulation: The abolition of Exequatur; Stefania Bariatti, Recognition and Enforcement in the EU of Judicial Decisions Rendered upon Class Actions: The Case of U.S. and Dutch Judgments and Settlements; Manlio Frigo, Recognition and Enforcement of Judgments on Matters Relating to Personality Rights and the Recast Proposal of the Brussels I Regulation; Marco De Cristofaro, The Abolition of Exequatur Proceedings:… [read post]
3 Jul 2012, 1:39 pm
This office reports on significant creditor harassment/FDCPA cases from around the country; especially if they involve class actions and government-instituted actions alleging widespread misconduct against many consumers. [read post]
3 Jul 2012, 12:00 pm by Charles Johnson
Classifications and Range of Punishment for DWI Conviction DWI, 1st Offense:  Class B Misdemeanor in Texas Fine A fine not to exceed $2,000. [read post]
3 Jul 2012, 9:54 am by rhall@initiativelegal.com
Campos persuasively argues that imposing such an analysis at the class certification stage demonstrates a fundamental misunderstanding of the purpose of class actions, in particular the leveling effect whereby plaintiffs are able to “invest” in equal proportion to defendants; while defendants have the same incentive to invest in their defense whether facing an individual or class action, plaintiffs do not have parallel incentives.  [read post]
3 Jul 2012, 9:54 am by rhall@initiativelegal.com
  Campos persuasively argues that imposing such an analysis at the class certification stage demonstrates a fundamental misunderstanding of the purpose of class actions, in particular the leveling effect whereby plaintiffs are able to “invest” in equal proportion to defendants; while defendants have the same incentive to invest in their defense whether facing an individual or class action, plaintiffs do not have parallel… [read post]
2 Jul 2012, 2:45 pm by Kevin Jon Heller
As I noted in an earlier post, I don’t expect people who have no experience with criminal defence to understand just how damaging the ICC’s actions have been. [read post]
30 Jun 2012, 3:03 pm by Matt Brown
” “Does he really think faking is going to save him from the consequences of his actions? [read post]
30 Jun 2012, 1:11 pm by Max Kennerly, Esq.
Indeed, the patient has to post a bond for the potential value of those defense costs before filing the case. [read post]