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9 May 2011, 3:27 am
I got an email from a young lady last week, who told me she was preparing a paper for a law class and wanted permission to cite a post from my blog. [read post]
8 May 2011, 11:58 am
Arbitration -- Class actions -- Federal Arbitration Act prohibits States from conditioning enforceability of certain arbitration agreements on availability of classwide arbitration procedures -- California supreme court's Discover Bank decision, which held that class waivers in consumer arbitration agreements are unconscionable under certain circumstances, is preempted by FAA, because it stands as an obstacle to accomplishment and execution of full purposes and… [read post]
7 May 2011, 8:12 am
To assist class action defense attorneys anticipate the types of cases against which they will have to defend in California, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. [read post]
6 May 2011, 9:10 pm
" "Early on, a young and inexperienced attorney at that firm [Andrew] became Jill's primary attorney, and interacted with Ken's attorneys for the next two years, interactions that would generate a 35-page register of actions and 19 volumes of court files. [read post]
6 May 2011, 3:33 pm
” He is seeking class action certification for all PlayStation Network users and is seeking monetary damages and free credit card monitoring. [read post]
6 May 2011, 6:57 am
Recently, JP Morgan Chase paid $56 million to settle a class-action lawsuit alleging widespread misconduct in handling the mortgages of active-duty soldiers, sailors, airmen and Marines. [read post]
5 May 2011, 12:23 pm
Building on the trend in which consumer class actions increasingly adopt a doctrine of presumed reliance, Northern District Judge Jeffrey White recently certified a nationwide class in Wolph v. [read post]
5 May 2011, 10:42 am
” Further, said the court, “when faced with a qualified immunity defense, a court should consider the specific scope and nature of a defendant's qualified immunity claim. [read post]
5 May 2011, 7:57 am
The ruling is instructive for defense of class actions. [read post]
5 May 2011, 5:02 am
During the litigation, the Court of Appeal held that the plaintiffs lacked standing to prosecute the class action “because none had any marijuana convictions to reveal. [read post]
4 May 2011, 4:35 pm
Whether the action taken against you is justified or not, you need an experienced Salt Lake City defense attorney to represent you in the process. [read post]
4 May 2011, 2:29 pm
The consumer class action pendulum swung back toward defendants last week with the Supreme Court’s decision in AT&T Mobility LLC v. [read post]
4 May 2011, 11:13 am
What a great reason to favor arbitration agreements and bar class actions. [read post]
4 May 2011, 5:07 am
Finally, plaintiffs submitted an expert declaration in support of their motion for class action treatment. [read post]
3 May 2011, 12:14 pm
Federal Rule 23 imposes four requirements for a class action: (1) the class must be so large as to make individual suits impractical, (2) there must be legal or factual claims in common, (3) the claims or defenses must be typical of the plaintiffs or defendants, and (4) the representative parties must adequately protect the interests of the class. [read post]
3 May 2011, 6:19 am
This case demonstrates that although some courts, particularly those in the Seventh Circuit, have seemed to question the validity of large, plan-wide ERISA class actions relating to individual investments, other courts continue to find such claims suitable for class treatment. [read post]
3 May 2011, 5:08 am
District Court Failed to Consider the Manner in which a Class Action Trial would Proceed Prior to Granting Class Action Treatment, Requiring Reversal of Class Action Certification for Abuse of Discretion Fifth Circuit Holds Plaintiffs filed a putative class action against Chalmette Refining following the release of petroleum coke dust from the Chalmette Refinery. [read post]
3 May 2011, 5:00 am
He said he expects to see a rise in mass tort cases to make up for the curb in class actions. [read post]
3 May 2011, 3:00 am
An ideological whirlwind, based on neoliberal views that support the primacy of property rights and hence the primacy of the propertied classes, swept that away and substituted growing deficits, growing debts and expanding military commitments. [read post]
2 May 2011, 4:18 pm
Not to be left out, Android phone users filed a class-action over user location tracking. [read post]
