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2 Oct 2012, 8:38 am by Jordan Furlong
Sliding down the spectrum, we find class action lawyers seeking victims of a specific corporate malfeasance, or TV ads exhorting personal injury accident victims to “call today” — defensible on the grounds that it’s informing clients of their rights, I suppose, but nonetheless feeling uncomfortably like a cause of action in search of a plaintiff. [read post]
14 Apr 2024, 1:05 pm by Peter S. Lubin and Patrick Austermuehle
Such overbroad provisions, especially when they are enforced through cease and desist letters sent out by a big employment firm that must know that the covenant is unenforceable, have an in terrorem effect on the free movement of employees by forcing middle-class employees into a situation akin to indentured s [read post]
4 Dec 2008, 2:32 pm
A Civil Action: Based on the book “A Civil Action”. [read post]
25 Apr 2024, 9:01 pm by Austin Sarat
As Time notes, “Affirmative action programs were a key target from the beginning. [read post]
19 Oct 2007, 8:26 am
  As part of the global settlement in that private class action, we included this provision: "A forbearance agreement or other default resolution plan will not require a borrower to waive or release claims against the Company. [read post]
8 Jan 2019, 2:42 pm by Kevin LaCroix
From the defense perspective, the best outcome (on the pleading standard issue) is that the U.S. [read post]
2 Apr 2019, 2:38 am by Kevin LaCroix
  The market cap loss generates both securities class actions and derivative actions. [read post]
14 Jul 2015, 5:00 am by Kirk Jenkins
On remand, the trial court held that it was more likely than not, if the FTC’s new actions had been available at the time of trial, that the defendant’s Section 10b(1) defense would have failed. [read post]
6 Dec 2019, 8:31 am by Natalya Shnitser
” Guarnieri added that the existence of a defense that might be applicable to some but not other members of their class would not necessarily preclude class certification. [read post]
19 Oct 2020, 8:43 am by Brett Raffish
Plaintiffs might also try to show that a police department has a discriminatory practice of using force on only certain classes of people. [read post]
25 Apr 2011, 6:32 am by Peter B. Ladig
In Delaware, the filing of a meritorious action followed by a benefit conferred to a class creates a rebuttable presumption that the benefit was caused by the litigation. [read post]
31 Jan 2014, 12:41 pm by Shelby Everest
Objecting to EA’s use of his likeness in the video game, Keller filed a class action complaint alleging that EA violated his right of publicity under California Civil Code section 3344. [read post]
31 Jan 2014, 12:41 pm by Shelby Everest
Objecting to EA’s use of his likeness in the video game, Keller filed a class action complaint alleging that EA violated his right of publicity under California Civil Code section 3344. [read post]
8 Aug 2018, 6:43 am by Joy Waltemath
But the Supreme Court has already rejected this argument; the ADEA regulations clearly foreclose this defense as well. [read post]
29 Nov 2017, 7:58 pm by Kelly Phillips Erb
Eventually, Berns withdrew his motion and in March of 2017, the IRS filed a new action seeking to enforce the summons on Coinbase. [read post]
22 Dec 2008, 9:32 pm
But for white-collar criminals like class-action lawyer William Lerach, serving time in a kickback scheme, it can halve a sentence. [read post]
16 May 2014, 5:34 am by Jeff Welty
Now a group of 40 magistrates has sued over the freeze and is seeking class action status. [read post]