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14 Nov 2011, 12:38 am
There are a number of interesting things about this lawsuit, the first of which is that it represents a late-arriving example of a basic subprime-related securities class action lawsuit. [read post]
13 Nov 2011, 2:21 am
NOT A SIMPLE PROCESS The Southern Center for Human Rights filed a federal class-action suit against the state five years ago seeking improvements to its sex offender laws. [read post]
12 Nov 2011, 7:05 am
Consider this depressing section from the FDA’s safety update on transvaginal mesh placement: Surgical mesh products are currently regulated as Class II devices and are reviewed under the 510(k) Premarket Notification Program. [read post]
11 Nov 2011, 4:49 pm
Common DUI penalties include: jail time, heavy fines, license suspension, installation of an ignition interlock device, and mandatory alcohol treatment classes. [read post]
11 Nov 2011, 2:00 pm
Overcoming the collective action problems that prevent meaningful shareholder involvement would be difficult and costly, of course. [read post]
11 Nov 2011, 9:15 am
The first wave was mainly conventional securities class actions. [read post]
11 Nov 2011, 7:17 am
The district court had rejected Costco’s argument that each of the three named plaintiffs had individualized defenses, noting that individualized defenses do not generally defeat typicality. [read post]
11 Nov 2011, 6:42 am
Holli is also a contributor to our sister blog, the Employment Class Action Blog. [read post]
11 Nov 2011, 2:08 am
The first step requires satisfaction of Court of Chancery Rule 23(a), which requires the party seeking class certification to demonstrate that: (1) “the class is so numerous that joinder of all members is impracticable;” (2) “there are questions of law or fact common to the class;” (3) “the claims or defenses of the representative parties are typical of the claims or defenses of the class;” and (4) “the… [read post]
11 Nov 2011, 2:00 am
., Plaintiffs in a putative class action alleging violations of the Sherman Antitrust Act sought to compel discovery of certain communications between Defendant Barr Laboratories, Inc. [read post]
9 Nov 2011, 5:07 am
Here are the leading legal headlines from Wise Law on Twitter for Wednesday, November 9, 2011: Personhood Amendment Fails in Mississippi http://bit.ly/tn3RgQ Judge Orders Exchange of Facebook and Dating Website Passwords in Custody Fight http://bit.ly/t2ZFF8 Why Supermom is leaving the Toronto law firm - Globe and Mail http://bit.ly/d62xgF How Ontario safety law changes affect construction firms - Daily Commercial News http://bit.ly/d62xgF UK court rules Catholic church could… [read post]
9 Nov 2011, 3:00 am
Nov. 1, 2011) The Seventh Circuit ruled last week that an insured was not entitled to defense or indemnity from its liability insurers in several class action lawsuits claiming that the insured conspired to fix the price of eggs. [read post]
8 Nov 2011, 2:02 pm
LLC (United States District Court, Southern District, Alabama, October 28, 2011) The issue in this coverage dispute was whether the policy’s pollution exclusion applied to cover alleged losses from the use of Chinese Drywall in a housing tract and whether the insurer was obligated to defend or indemnify the policyholder in connection with the subsequent class action lawsuit under two policies. [read post]
8 Nov 2011, 5:35 am
Of particular interest now are the state-based and regional class action complaints being separately filed by various plaintiffs in the Dukes case, post-USSCT decision. [read post]
7 Nov 2011, 10:45 am
This reading of Thatcher's purpose is supported by his failure to consider the effects of his actions on the putative class that he purportedly represents. [read post]
7 Nov 2011, 8:43 am
As Miami foreclosure defense lawyers have seen, many people are stuck in the same situation. [read post]
7 Nov 2011, 7:49 am
And while the Class Action Fairness Act permits defendants in many large class actions to remove their cases to federal court, CAFA removal is unavailable in many others. [read post]
7 Nov 2011, 7:39 am
If you do distributive analysis to produce determinate outcomes, you have to pick a privileged class. [read post]
7 Nov 2011, 5:23 am
In addition to introducing a more onerous commonality standard, Dukes entailed at least two other issues bearing on the mechanics of class actions: (1) that individualized money damages cannot be awarded in Rule 23(b)(2) class actions; and (2) that affirmative defenses must be assessed in individualized hearings, seemingly precluding the sampling and survey methods that buttress class actions’ essential efficiencies. [read post]
7 Nov 2011, 4:24 am
This could prove to be a significant win for the defense bar. [read post]
