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26 Jul 2017, 7:01 pm
Laster analogized the question in the context of derivative actions to the class action context, in which the decisions against one class action claimant cannot bind another non-party claimant prior to class certification. [read post]
8 Dec 2023, 4:53 pm
In the class action context, the courts have required class action proponents to demonstrate that ‘litigation of individual issues, including those arising from affirmative defenses, can be managed fairly and efficiently. [read post]
2 Oct 2009, 1:53 am
Memory Lane: For those interested readers, my original post about the Milberg indictment and its possible effect on securities class action lawsuit filings can be found here. [read post]
4 May 2010, 12:00 am
When I was in fifth grade, each member of my class was asked to write a research report on the animal of her choice. [read post]
9 Dec 2018, 2:44 pm
Patriarch and Tilton ultimately were successful in the defense in the enforcement action. [read post]
18 Jan 2013, 12:23 pm
The Court took no action on another petition filed by Clement that the Court had considered at its Conference earlier Friday: an appeal by a village government in a Chicago suburb challenging the legal basis of an $80 million class-action lawsuit over police disclosure of a driver’s personal information on a parking ticket put under the windshield of his over-parked car. [read post]
25 Sep 2013, 9:30 am
The opinion upheld a contract containing a class-action waiver in the form of a mandatory arbitration clause. [read post]
25 Sep 2013, 9:30 am
The opinion upheld a contract containing a class-action waiver in the form of a mandatory arbitration clause. [read post]
9 Sep 2012, 10:19 pm
Gawker and its ilk are proof positive that assuming a "progressive" sensibility is no defense against lapsing into leering misogyny or frankly disordered attitudes towards children. [read post]
14 Jun 2017, 10:55 am
The Republican Congress’s almost complete disinterest in checking Trump is a particularly worrisome example of this.Even so, the United States still has many other republican defenses. [read post]
13 Mar 2011, 8:32 pm
Class Action Problems for the LCD makers, however, did not end with the criminal punishments. [read post]
26 Feb 2021, 8:47 am
Rutledge, the Supreme Court ruled that the language of § 1985(2) (and thus presumably § 1985(1)) does not require “racial ... or otherwise class-based, invidiously discriminatory animus. [read post]
27 Nov 2022, 9:05 pm
The Court’s decision, though, reinforces the importance of congressional action to combat climate change. [read post]
27 Nov 2022, 9:05 pm
The Court’s decision, though, reinforces the importance of congressional action to combat climate change. [read post]
11 Jan 2020, 8:14 pm
The court ruled that such action does not suggest by the legislature the intent to pardon conduct under the repealed statute. [read post]
30 Jun 2020, 4:09 am
Contempt action for violation of bankruptcy discharge order belonged in court despite arbitration clause. https://ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/doc/19-648_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/c8b45000-e918-438d-9027-23e88f01dfe4/1/hilite/ DACA survives. https://supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf Lawyer who won judgment on Argentine bonds had lien on proceeds of settlement he didn’t participate in and… [read post]
11 May 2020, 8:07 am
In Section 540F of the National Defense Authorization Act of 2020, Congress directed the Department of Defense to conduct a feasibility study, and to report the findings of that study, on a potential new “alternative military justice system. [read post]
14 Aug 2011, 9:42 pm
Next, named plaintiffs of a class action are not considered clients of an attorney for the purpose of conflict of interest rules. [read post]
29 Nov 2012, 1:51 pm
Neither comparative fault nor assumption of the risk is a defense to a Labor Law § 240 (1) cause of action. [read post]
29 Nov 2012, 1:51 pm
Neither comparative fault nor assumption of the risk is a defense to a Labor Law § 240 (1) cause of action. [read post]