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1 May 2013, 8:06 am
DHL Express (USA), Inc.12-747Issue: Is a class representative in a putative class action faced with a Rule 68 offer of judgment in excess of its potential recovery that makes no reference to class claims required to reject said offer, proceed to trial, and bear all of the costs of continuing litigation in order to preserve its right to appellate review of a denial of class certification? [read post]
16 Apr 2008, 1:44 am
My practice focuses on Lanham Act litigation, consumer class action defense, representation of clients in advertising substantiation proceedings and investigations conducted by the Federal Trade Commission and state attorneys general, and representation of challengers and advertisers before the National Advertising Division. [read post]
8 Oct 2010, 5:52 am
Workers Still Have A Problem With Their Gay Co-workers – from Workplace Diva Prompt Action by Employer Nixes Racial Harassment Claim – from The Word on Employment Law with John Phillips Failure-to-Promote Not Covered by Ledbetter FPA - New Third Circuit Decision – from Philip Miles’s Lawffice Space Employment Discrimination Potpourri: It’s Hard Out Here for New Mothers and Large Women – from Abovethelaw EEOC… [read post]
30 Jun 2010, 11:44 am
Obviously, whether or not she prevails in this action will, at least in part, depend on what class she teaches. [read post]
18 Jan 2022, 2:07 am
When confronted, employees may become embarrassed or defensive. [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]
5 Jul 2012, 9:36 am
I may want them to think critically about why the parties chose to litigate the causes of action they did (or raise the issues they did on appeal), about what other causes of action or defenses might have been asserted or strategies pursued, and about the practical considerations (cost; likelihood of success; malpractice or ethical concerns) of pursuing those strategies. [read post]
15 Jun 2011, 8:05 am
Without the middle class, the economy isn't going to go anywhere. [read post]
4 Jun 2024, 1:05 pm
The Lawsuit On June 3, 2024, a plaintiff shareholder filed a securities class action lawsuit in the District of Delaware against Humana and certain of its directors and officers. [read post]
18 Jan 2022, 2:07 am
When confronted, employees may become embarrassed or defensive. [read post]
28 Oct 2010, 5:31 am
(The little bit of empirical evidence there is relating to shareholder lawsuits all involves federal securities class actions, which would be unaffected by the forum-selection clauses, and even that "evidence" sits on shaky ground.) [read post]
17 Feb 2014, 8:36 am
Facebook Group Text Services Grapple with TCPA Class Actions Courts Allows Text Spam Class Action Against Voxer, a Cell Phone Walkie-Talkie App — Hickey v. [read post]
29 Sep 2023, 4:00 am
" question and the other questions she considers in Cheeseburger are not at all defensive or dismissive. [read post]
21 Jun 2010, 8:03 pm
(Docket Report) District Court Minnesota: Failure to assert invalidity defense undermines request for stay pending reexamin: J. [read post]
7 Mar 2021, 12:05 pm
” The parties to the securities class action lawsuit entered mediation. [read post]
2 Jul 2024, 3:34 pm
A contrary rule, he suggested, “would revolutionize long-settled administrative law — shutting the door on entire classes of everyday administrative law cases. [read post]
30 Mar 2011, 1:43 am
” Discussion Some time ago, as discussed here, Merrill Lynch settled for $475 million dollars the related securities class action lawsuit that had been filed on behalf of Merrill’s shareholder. [read post]
29 Aug 2011, 2:08 am
The lawsuits include a securities class action lawsuit against certain former directors and officers of the bank; lawsuits brought by the FDIC and by the SEC against the bank’s former President; and a separate FDIC lawsuit against four former officers of Indy Mac’s homebuilders division. [read post]
26 Sep 2016, 5:04 pm
What this means is that without TILA section 170 cardholders could always raise the claims and defenses they have against the merchant against the card issuer absent a waiver of those claims and defenses. [read post]
28 Aug 2014, 10:56 am
Based on this evidence, we conclude that the Agency has failed to meet its burden of establishing its affirmative defense against liability in this matter. [read post]
