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7 Nov 2011, 12:00 am
Indeed, it’s not a crime to refuse to perform far less invasive or demanding actions although another person’s death will result. [read post]
4 Nov 2011, 12:00 pm
Apple denies all allegations and has asserted many defenses. [read post]
4 Nov 2011, 11:45 am
Russell, superstar National Collegiate Athletic Association (NCAA), National Basketball Association, and Olympic basketball player, filed a class action complaint against the NCAA for antitrust damages and injunctive relief. [read post]
4 Nov 2011, 7:05 am
Disorderly conduct charges are usually brought as Class 1 Misdemeanors. [read post]
4 Nov 2011, 5:52 am
Today in the Community we discuss class actions in the aftermath of Wal-Mart v. [read post]
4 Nov 2011, 1:58 am
But in that case, it’s just part of the federal budget; it doesn’t have either surpluses or deficits, no more than the defense budget. [read post]
3 Nov 2011, 9:12 pm
Here is at least one step in that direction.Investment Treaties and Investor Corruption: An Emergent Defense for Host States? [read post]
3 Nov 2011, 10:15 am
The class’s own attorneys state: Apple denies all allegations in the Lawsuit and in the Owens Action, and has asserted many defenses. [read post]
3 Nov 2011, 9:28 am
Plus, given the predominance result, consolidating the claims would promote judicial economy; some individualized inquiries in assessing damages wouldn’t render the class action unmanageable or inferior. [read post]
3 Nov 2011, 9:12 am
(For a thorough recent update on that case law, see the recent post on Andrew Trask’s Class Action Countermeasures Blog, and also the post about a recent California Court of Appeal decision on the Class Action Defense Strategy Blog). [read post]
3 Nov 2011, 6:37 am
And I thought the very best question of the argument was asked by Justice Sotomayor who made the point that the CROA permits and contemplates class actions and in light of Concepcion class actions cannot be pursued in arbitration. [read post]
2 Nov 2011, 10:00 pm
They are second-class citizens. [read post]
2 Nov 2011, 12:40 pm
Compensatory costs in respect of false or vexatious claims or defenses (1) If any suit or other proceedings including an execution proceedings but excluding an appeal or a revision any party objects to the claim of defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn… [read post]
1 Nov 2011, 10:22 am
’s brother B.P. had reported that another student touched A .P. in gym class. [read post]
1 Nov 2011, 7:00 am
Collective actions are less powerful and simpler than class actions. [read post]
31 Oct 2011, 7:07 pm
Specifically, in an unbinding advisory opinion letter, the EEOC stated that it:(1) will continue to differentiate between arrest and conviction records; (2) may not be prepared to adopt a presumption of disparate impact in this context; and (3) will in the event of a finding of disparate impact, closely scrutinize the employer's policy with regard to both how long convictions are disqualifying and whether the underlying criminal conduct is related to the job duties for the… [read post]
31 Oct 2011, 9:47 am
Whether or not this would raise an estoppel in the present case we are unable to determine at this time.If such action were to be allowed we would also face the question of whether it may be maintained as a class action. [read post]
31 Oct 2011, 7:42 am
" The author of the Class Action Defense Blog found Rich's book to be a great read, particularly in its ability to illustrate through real-life examples the proverb that "the grass is always greener. [read post]
31 Oct 2011, 5:00 am
In other words, a class action should not be able to alter substantive law. [read post]
28 Oct 2011, 7:08 am
” Not so; though failure to read the disclosures might be a defense to a claim for recission based on fraud, it wouldn’t be one that would make it difficult for the plaintiff to represent the class. [read post]
