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25 Mar 2012, 2:19 pm
The West Virginia Supreme Court of Appeals misinterpreted the Federal Arbitration Act, 9 U.S.C. 1, when it concluded the statute's "savings clause" permits generally applicable contract defenses such as fraud and unconscionability, the nation's highest court said.Attorneys -- Disqualification -- Conflict of interest -- Class actions -- Where class consisting of flight attendants brought action against tobacco companies based on… [read post]
25 Mar 2012, 9:23 am
Long known as a "plaintiff-friendly" venue for plaintiffs in workplace class actions, the U.S. [read post]
25 Mar 2012, 1:04 am
I know some foreclosure defense lawyers have told me that the goal is to delay and thereby wear down the servicer who ultimately submits by throwing in a loan modification, but like I said… I’m going to need more details than that before I can communicate to homeowners that such strategies are effective in the prevention of foreclosures. [read post]
24 Mar 2012, 5:11 pm
Found., 402 U.S. 313, 329, 91 S.Ct. 1434, 28 L.Ed.2d 788 (1971) (“Some litigants—those who never appeared in a prior action—may not be collaterally estopped without litigating the issue. . . . [read post]
23 Mar 2012, 9:36 am
But the result of that class action disparate impact case is that it is going to be unlikely that a fire department or a police department or a private employer will use the tactic that was found to be unlawful in the Lewis case. [read post]
22 Mar 2012, 7:51 pm
A further insult was that the paper had been included in an amicus brief submitted by opponents of affirmative action urging the Supreme Court to hear the case I mentioned earlier regarding admissions policies at the University of Texas. [read post]
22 Mar 2012, 1:38 pm
The company is the subject of a class-action lawsuit filed this year that alleges more than 200 employees were paid less than federal law requires. [read post]
22 Mar 2012, 12:06 pm
Dukes Andrew Trask, class action attorney at McGuire Woods and co-author of the Class Action Playbook recently put together a list of takeaways explaining how class action defense attorneys can use Wal-mart v. [read post]
22 Mar 2012, 8:55 am
I emphasize again that the first line of defense in collective actions is the individuality theory. [read post]
22 Mar 2012, 6:00 am
Shortly after publishing that post, I came across a new decision by the West Virginia Supreme Court of Appeals on this issue in an insurance case (albeit not a class action). [read post]
22 Mar 2012, 4:18 am
(Want to be depressed about the future of consumer class actions? [read post]
22 Mar 2012, 3:30 am
To be sure, there’s a need for affordable legal services, which are priced at the upper end of even most middle class budgets. [read post]
22 Mar 2012, 3:20 am
Appellate litigation, like class action litigation, is a long game . [read post]
21 Mar 2012, 4:57 pm
Supreme Court Rules That State Employees Cannot Sue under “Self-Care” Provisions of the FMLA – Chicago attorney Jeffrey Nowak of Franczek Radelet on the firm’s blog, FMLA Insights The Global Warming Blame Game: District Court Thwarts Comer’s Second Coming – New York lawyer Russell Jackson on his blog Consumer Class Actions & Mass Torts Massive EEOC Class Action Slashed to Two Claims on Appeal – Cleveland… [read post]
21 Mar 2012, 1:08 pm
The FTC also filed actions against payday lenders, and filed two amicus briefs, most notably a brief opposing the proposed class action settlement in the Brant v. [read post]
21 Mar 2012, 12:35 pm
At night these dangerous actions can decrease visibility further. [read post]
21 Mar 2012, 8:40 am
In fact, Justice Kennedy chided the defense attorney (who argued both cases) for pursuing an all-or-nothing result, telling him that “you’re forcing us into a bipolar situation. [read post]
21 Mar 2012, 6:00 am
(A plaintiff cannot seek such a ruling before class certification because of the one-way intervention rule that applies in class actions.) [read post]
21 Mar 2012, 4:00 am
The department will conduct a thorough and independent review of all of the evidence and take appropriate action at the conclusion of the investigation. [read post]
21 Mar 2012, 3:55 am
Defense counsel in class actions often face two different kinds of cases. [read post]
