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28 Dec 2010, 10:50 am
The court also held that the available affirmative defenses, which couldn’t be decided on a class-wide basis, weighed against certification. [read post]
28 Dec 2010, 10:04 am
When I first read David Streitfeld’s article headline: “Homes at Risk, and No Help From Lawyers,” which ran on December 20th, in The New York Times I thought… Wow, well it’s about time… maybe someone’s finally gotten it. [read post]
27 Dec 2010, 8:32 am
That case concerns the applicability of state law unconscionability defenses to class arbitration exclusion clauses in consumer arbitration agreements. [read post]
26 Dec 2010, 8:46 am
The defense argued at trial that the plaintiff class was entitled to zero damages. [read post]
23 Dec 2010, 5:00 am
., 615 F.3d 1095 (9th Cir. 2010), a class action lawsuit that was resolved against plaintiffs after a three day bench trial. [read post]
22 Dec 2010, 2:10 am
Some feature testimony by NCLC’s rockstar foreclosure defense attorney, Diane Thompson, who I think is the bomb. [read post]
22 Dec 2010, 12:46 am
s most significant events and trends in the areas of corporate compliance, auditor issues, the Foreign Corrupt Practices Act, Delaware corporate law, D&O insurance issues, white collar fraud issues, securities class actions and SEC enforcement. ? [read post]
21 Dec 2010, 6:56 pm
The case was tried to the court after the plaintiffs dismissed their Labor Code causes of action and proceeded solely on a claim for violation of the Unfair Competition Law (UCL). [read post]
21 Dec 2010, 1:40 pm
Suppose, in addition, that the company acted unethically (or incorrectly believed it had a valid defense) and refused to return the overcharges. [read post]
21 Dec 2010, 7:36 am
But our favorite (and most appropos for this story) engagement was: Michael Milken’s attorney and law firm in FDIC and class action lawsuits relating to a high-yield bond market Related posts:Diligence So Good It Looks like Insider Trading? [read post]
21 Dec 2010, 6:48 am
Slip op. at 13.Ah yes, cy pres - the last refuge of a class action settlement scoundrel. [read post]
20 Dec 2010, 7:51 pm
Obviously, “business” is not an oppressed class in the sense that southern blacks were prior to the 1960s. [read post]
20 Dec 2010, 12:53 pm
We wrote almost exclusively about the defense of pharmaceutical and medical device product liability cases. [read post]
20 Dec 2010, 7:06 am
…Wal-Mart is stripped of its defense because the individualized defense would be inconvenient to trying the case as a class action. [read post]
20 Dec 2010, 5:53 am
How the court got to that result is sort of interesting, though it also might be an example of not wanting to know how sausages get made.The plaintiffs brought a class action (never certified) alleging that the defendants used unfair and deceptive practices promoting hormone therapy prescription drugs. [read post]
18 Dec 2010, 7:06 am
As a resource for California class action defense attorneys, 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]
17 Dec 2010, 9:38 pm
This is, however, a variation on the venerable "I killed my parents, so please have mercy on a poor orphan" defense. [read post]
17 Dec 2010, 10:58 am
Sears, Roebuck & Co., 624 F.3d 842 (7th Cir. 2010), wrote a blistering opinion that discussed the extortionate nature of class action suits and is likely to be frequently quoted extensively by defense counsel in the future. [read post]
17 Dec 2010, 8:33 am
While this homeowner has been relatively successful in fighting her foreclosure case, this is not a course of action a Florida Foreclosure Defense Lawyer recommends. [read post]
17 Dec 2010, 7:05 am
The company is facing state and federal investigations into its business practices and four class-action lawsuits. [read post]
