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5 May 2010, 2:38 pm
Finding that the arbitration panel erred in imposing class arbitration, the Court said: “instead of identifying and applying a rule of decision derived from the [Federal Arbitration Act] or either maritime or New York law, the arbitration panel imposed its own policy choice and thus exceeded its powers. [read post]
Regardless of the outcome of the trial, it could set off a flurry of appeals that could ultimately land the case before the Supreme Court, where multiple justices have called for a reexamination of New York Times v. [read post]
12 May 2010, 8:21 am
District Court for the Southern District of New York, which granted its motion on the grounds that the arbitration panel’s award was made in “manifest disregard” of the law because they failed to conduct a choice-of-law analysis in determining whether class arbitration was proper. [read post]
12 May 2010, 8:21 am
District Court for the Southern District of New York, which granted its motion on the grounds that the arbitration panel’s award was made in “manifest disregard” of the law because they failed to conduct a choice-of-law analysis in determining whether class arbitration was proper. [read post]
14 Jul 2008, 3:30 pm
The United States District Court for the Southern District of New York recently held that a U.S. court does not have subject matter jurisdiction over a lawsuit in which 90% of the proposed class is made up of foreign investors who purchased the securities at issue on foreign exchanges. [read post]
14 Oct 2007, 5:06 am
On 5 October 2007 a small two partner New York law firm, Folkenflik McGerity, filed a class action Complaint (http://fortunelegalpad.files.wordpress.com/2007/10/holman-v-apple.pdf) [PDF] in a court in California against Apple, Inc and AT T Mobility, LCC. [read post]
12 Sep 2021, 8:15 am by Kevin LaCroix
Securities class action litigation followed – the company was sued in separate lawsuits in New York state court and in Massachusetts state court. [read post]
10 Jun 2008, 9:00 pm
In today’s New York Times, Linda Greenhouse offers this article on yesterday’s 6-to-3 decision in No. 07-474, Engquist v. [read post]
7 Sep 2016, 8:33 am by Beth Graham
Despite signing the EAP, one worker, Patterson, filed a putative class action lawsuit against Raymours in a New York federal court. [read post]
25 Jan 2017, 4:48 am by SHG
Too bad, so sad.* New York was good with it, however, and by New York, that includes the New York Times. [read post]
4 Aug 2015, 9:02 am by Seyfarth Shaw LLP
The Second Circuit then vacated the award and remanded the case to the District Court to determine if the New York Labor Law authorizes the award of such fees. [read post]
30 Nov 2010, 3:55 am
Pataki case involved attorneys removed from their respective exempt class positions* in the New York State Health Department following the election of a new governor. [read post]
In this action, while denying the plaintiffs’ motion to remand, a district court in New York found that amending a complaint after removal to eliminate class allegations does not deprive a court of jurisdiction under CAFA. [read post]
27 Apr 2010, 9:41 am
The Court suggested the panel should have looked either to the FAA itself or to New York or federal maritime law, one of the two sources of law the parties claimed governed the dispute. [read post]
7 Jan 2009, 5:29 pm
Thelen, by employees who worked in the firm's New York and Connecticut offices. [read post]
22 Nov 2006, 6:00 am
Doral Dental IPA of New York, Inc., ___ F.3d ___ (Nov. 17, 2006), the Second Circuit addressed CAFA's requirement that appeals be decided within 60 days after "filing": CAFA's 60-day clock for rendering judgment starts running on the day that the Court's order granting permission to appeal is filed. [read post]