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23 Oct 2011, 9:01 pm
Few people have attempted to defend the Group of 88—perhaps because no credible defense of the rush-to-judgment faculty “activists” exists. [read post]
23 Oct 2011, 9:06 am
LEXIS 19650 (5th Cir. 2011) (holding that district court abused its discretion in distributing residual funds from class action over arsenic exposure to charities; directing that residual funds be distributed to class members with manifest personal injuries). [read post]
22 Oct 2011, 5:40 pm
GUILLERMO MARTINEZ, Appellee. 3rd District.Criminal law -- Juveniles -- Battery -- Closing argument -- No abuse of discretion in trial court's not allowing defense to argue self-defense in closing argument, a defense not previously raised, where defense could not reasonably have been inferred from any evidence at trialM.S., A JUVENILE, Appellant, vs. [read post]
21 Oct 2011, 12:08 pm
Oct. 11, 2011) is the second opinion I’ve seen post-Wal-Mart that applies the new standards in detail in an insurance class action. [read post]
21 Oct 2011, 6:35 am
[I can assure you that’s not it] pro-defense bar?). [read post]
20 Oct 2011, 10:54 pm
Debate on the proposed amendment is taking place in a fraught and difficult climate in which most claims relating to the payment of public servants are articulated and responded to from either an offensive or defensive position but rarely from a position of balance. [read post]
20 Oct 2011, 6:48 pm
A class may be certified under Missouri law where: 1) the class is so numerous that joinder of all members is impracticable; 2) common questions of law or fact exist among the class; 3) the claims or defenses of the representative parties are typical of that of the class; and 4) the representative parties are able to fairly and adequately protect the class' interest. [read post]
20 Oct 2011, 2:35 pm
World Class Metal Works, Inc., 959 S.W.2d 182, 184–85 (Tex.1998); Borden v. [read post]
20 Oct 2011, 8:03 am
We and other defense counsel often raise constitutionality defenses to PAGA claims and raise those arguments at various stages of the cases. [read post]
20 Oct 2011, 7:03 am
We and other defense counsel often raise constitutionality defenses to PAGA claims and raise those arguments at various stages of the cases. [read post]
20 Oct 2011, 5:03 am
Comment: other courts have, in my opinion rightly, rejected this reasoning in consumer class actions—it means that no consumer plaintiff can represent an injunctive class, because the representative plaintiff by definition knows she’s been fooled and won’t get fooled again. [read post]
19 Oct 2011, 9:38 am
In so ruling, the Court distinguished representative action waivers from the class action waivers enforced by the U.S. [read post]
18 Oct 2011, 2:31 pm
That's what happened to our lead client in our class action lawsuit challenging this needless policy. [read post]
18 Oct 2011, 10:09 am
" Here is Eric's recap of the complaint: "Another Advertiser Class Action Lawsuit Filed Against Google--Woods v. [read post]
18 Oct 2011, 9:23 am
Zywicki concludes his column by claiming that the extent of the harm is known, that nobody has been truly harmed, and that therefore we should simply sign off on the settlement to allow a housing recovery to begin: But for a year now, class-action lawyers, attorneys general, reporters, and housing advocates have searched in vain for multitudes of wronged homeowners and have come up largely empty-handed. [read post]
18 Oct 2011, 5:42 am
Elouise Cobell dead at 65: Cobell, lead plaintiff in one of the largest government class-action accords in history, sued the Interior Department for unpaid royalties on leases for oil, gas, grazing and timber on Indian lands. [read post]
18 Oct 2011, 3:08 am
I am always telling law students that they should read "the nutshell" of their course before they go to their first class in any given subject. [read post]
17 Oct 2011, 5:57 pm
Class action attorneys have to be the enforcers. [read post]
17 Oct 2011, 3:09 pm
The Center for Class Action Fairness LLC filed its opening brief today in the DC Circuit in Cobell v. [read post]
Vacating Chinese Daily News, The U.S. Supreme Court Signals That Wal-Mart Extends To Wage-Hour Cases
17 Oct 2011, 9:55 am
And they have argued that Wal-Mart has no application whatsoever to wage-hour class actions and collective actions. [read post]
