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18 May 2012, 12:01 pm
’s actions. [read post]
18 May 2012, 12:00 pm
(Cue joke about defense lawyers' hearts.) [read post]
17 May 2012, 7:25 pm
This is a wage and hour class action brought by a plaintiff class of 260 current and former “business banking officers” who allegedly were misclassified as outside sales personnel. [read post]
17 May 2012, 7:55 am
Dukes, will be relisted; it presents the question whether a district court may certify a class action without resolving “merits arguments” that bear on Rule 23’s prerequisites for certification, including whether purportedly common issues predominate over individual ones under Rule 23(b)(3). [read post]
17 May 2012, 7:31 am
It will not be a defense to contend that “everybody liked it. [read post]
17 May 2012, 7:00 am
Concepcion, and recent developments under the Class Action Fairness Act. [read post]
17 May 2012, 6:20 am
LOA also faces a series of consumer class actions in California arising from similar facts (see here and here). [read post]
17 May 2012, 4:55 am
” She allowed the class-action status because “the vast majority of New Yorkers who are unlawfully stopped will never bring suit to vindicate their rights. [read post]
17 May 2012, 2:54 am
and a good doctrinal argument against certifying the class (the class action would not be superior to the government investigations). [read post]
16 May 2012, 5:47 pm
” Of those, only 69 have been disciplined in some way, which includes anything from being required to attend an ethics class to a temporary suspension. [read post]
16 May 2012, 5:47 pm
” Of those, only 69 have been disciplined in some way, which includes anything from being required to attend an ethics class to a temporary suspension. [read post]
16 May 2012, 3:28 pm
As the Cox decision demonstrates, this is an issue on which insurers often have strong defenses to class certification. [read post]
16 May 2012, 9:33 am
Schools like to be able to advertise the diversity of their classes. [read post]
15 May 2012, 8:45 am
BehrendDocket: 11-864Issue(s): Whether a district court may certify a class action without resolving “merits arguments” that bear on Federal Rule of Civil Procedure 23’s prerequisites for certification, including whether purportedly common issues predominate over individual ones under Rule 23(b)(3).Certiorari stage documents:Opinion below (3d Cir.) [read post]
15 May 2012, 7:11 am
Cardenas brought a putative class action against NBTY and Rexall for selling Osteo-Bi Flex joint health supplements without support for the efficacy claims they made. [read post]
15 May 2012, 2:07 am
This is the new normal in class action defense. [read post]
14 May 2012, 11:33 am
April 4, 2012), the plaintiffs appealed an order denying their motion to certify a class action against their former employer, Wet Seal. [read post]
14 May 2012, 6:32 am
Claim preclusion bars subsequent suit on claims that were or could have been raised in a prior action; it wasn’t clear whether there would have been personal jurisdiction over Siskiyou. [read post]
14 May 2012, 4:43 am
As part of the transaction, both companies negotiated two confidentiality agreements, one a general non-disclosure agreement (referred to as the “NDA”) and another, a common interest, joint defense and confidentiality agreement (referred to as the “JDA”), for sharing of information to facilitate an analysis of the antitrust implications of the merger. [read post]
13 May 2012, 4:25 am
In a perfect legalistic world, we could file a class action lawsuit against these idiots. [read post]