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22 Nov 2010, 9:44 pm
The fact that a defendant’s defenses may vary from person to person is often a consideration in denying class certification under Rule 23. [read post]
22 Nov 2010, 11:02 am
Santa Rosa Memorial Hosp.Docket: 10-283Issue(s): (1) Whether Medicaid providers may maintain a cause of action under the Supremacy Clause to enforce 42 U.S.C. [read post]
22 Nov 2010, 9:15 am
Securities Litigation Blog Another Alston & Bird publication, this blog covers topics that include legislative developments, important litigation, SEC enforcement actions and prominent events. [read post]
22 Nov 2010, 6:59 am
The other class action complaints: Forest moved to dismiss the Missouri state law claim brought by non-Missouri plaintiffs on choice of law grounds. [read post]
22 Nov 2010, 4:08 am
Proc. 23 trumps state restrictions on class actions, or that people have no right to police enforcement of restraining orders, then that's the law. [read post]
22 Nov 2010, 2:16 am
Kappos (IP Spotlight) (Patent Docs) Sham patent reexamination action not available in State Court says CAFC: Lockwood v. [read post]
21 Nov 2010, 9:52 am
Conversely, social media websites may also reveal a wide variation among complainants within a given class, which may give defense counsel the ammunition to argue against class certification. [read post]
20 Nov 2010, 8:35 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]
19 Nov 2010, 2:45 pm
In fact, the class action deprives the legal title of the claims and assigns it to a third party, class counsel. [read post]
19 Nov 2010, 2:45 pm
" In fact, the class action deprives the legal title of the claims and assigns it to a third party, class counsel. [read post]
19 Nov 2010, 8:56 am
Class action defense litigators should be aware of a recent federal district court decision that endorsed and accepted a creative option for defeating class certification—the defendant’s implementation of a voluntary refund and replacement program providing a comparable remedy to what the putative class might recover in court. [read post]
19 Nov 2010, 7:53 am
In an article about the whistleblower provisions of the Dodd-Frank Act, the Wall Street Journal quotes Jason Zuckerman, a principal at The Employment Law Group®, regarding defense counsels’ complaint that SEC rules do not prevent a whistleblower from both collecting an award under the SEC whistleblower reward program and also seeking compensation through a securities class action. [read post]
18 Nov 2010, 4:33 pm
Chase Home Finance, LLC is a putative class action dispute about whether the National Flood Insurance Act (NFIA) allows lenders to purchase flood insurance for its customers who have a Home Equity Line of Credit (HELOC) on its secured property and then charge that amount to the customer when the borrower had a balance of zero on the HELOC. [read post]
18 Nov 2010, 11:14 am
However, the interests of a bank loaning money to a law firm pursuing a class action suit will rarely be so aligned with the class of litigants it is sponsoring. [read post]
18 Nov 2010, 9:45 am
According to information compiled by Adam Savett, the Director of Securities Class Actions at the Claims Compensation Bureau, since the enactment of the PSLRA, there had previously been only nine securities class action lawsuits based on post-PSLRA conduct that have actually been tried to a jury verdict. [read post]
18 Nov 2010, 12:32 am
After eight consecutive trials ended in defense verdicts, a jury awarded $8 million in compensatory damages and $72 million in compensatory damages against R.J. [read post]
16 Nov 2010, 11:46 am
A federal judge has conditionally certified a class action which was instituted by a group of production line workers in a turkey processing plant. [read post]
16 Nov 2010, 9:17 am
Consider A Civil Action. [read post]
16 Nov 2010, 5:45 am
This is yet another case that serves as a reminder to defense lawyers not to neglect the class definition requirements -- which are not articulated in the class action rule -- when challenging class certification. [read post]
16 Nov 2010, 3:23 am
The first class action in the package of related cases was filed in state court in Illinois but removed to federal court under the Class Action Fairness Act. [read post]
