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30 Sep 2010, 5:53 pm
Ignorance is not a defense, especially for the employer or insurer. [read post]
30 Sep 2010, 2:29 pm
Probably, then, it is only by taking care to require allegations that reach the [plausibility] level . . . that we can hope to avoid the potentially enormous expense of discovery in cases with no reasonably founded hope that the [discovery] process will reveal relevant evidence.550 U.S. at 558-59 (emphasis added).In Iqbal the Court went beyond discovery expense (although that remained important) to recognize other aspects of the cost of modern litigation on society:Respondent next implies… [read post]
30 Sep 2010, 2:13 pm
Mid-Atlantic sought defense and indemnity for these claims. [read post]
30 Sep 2010, 12:36 pm
Such reasoning has the potential to turn class action law – in the context of product liability and toxic tort cases – on its head. [read post]
30 Sep 2010, 8:54 am
A class of Loss Prevention Managers are suing their employer in a Fair Labor Standards Act collective action, contending they have been incorrectly classified as exempt. [read post]
30 Sep 2010, 4:57 am
Back then the problem was plaintiffs taking second (and third, and fourth....) bites at certifying identical national class actions in different jurisdictions after losing the first time around. [read post]
29 Sep 2010, 6:26 am
The recent Wal-Mart class action decision issued by a divided U.S. [read post]
29 Sep 2010, 5:00 am
" Santiago Cueto, who focuses his practice on international business law with an emphasis on class action and international commercial litigation, arbitration and transactions. [read post]
29 Sep 2010, 3:32 am
Villalpando, who prepared this chart for presenting this subject to my class, was not consulted in preparing my memorandum to the State Department Advisory Committee and that memo does not represent his views or those of the UN.) [read post]
28 Sep 2010, 2:25 pm
The Ninth Circuit rejected the concerns of the District Court as valid bases for denying class certification even though the Ninth Circuit recognized that "[i]t is widely accepted that class certification 'may force a defendant to settle rather than incur the costs of defending a class action and run the risk of potentially ruinous liability.'"The Ninth Circuit's reasoning would likely apply to employers defending… [read post]
28 Sep 2010, 8:28 am
Whether a district court that previously denied class certification nonetheless has personal jurisdiction over the absent putative class members such that it may enjoin them from seeking class certification in state court.Certiorari-Stage Documents:Opinion Below (8th Circuit)Petition for CertiorariPetitioner's ReplyBrief in oppostition The grant is limited to question 1 in the case below: Title: Kentucky v. [read post]
28 Sep 2010, 8:13 am
" Other Equal Pay Act provisions in the PFA would make class sizes larger in class actions, enhance penalties, and prohibit retaliation for certain salary-sharing activities. [read post]
28 Sep 2010, 7:53 am
But what's really significant about the stay is the interest the Supreme Court is taking on the tail-wagging-the-dog aspect of class actions, where the procedural Procrusteanism of creating a class ends up depriving defendants of their ability to mount a substantive defense that they would have to individual claims. [read post]
28 Sep 2010, 7:38 am
At the WSJ Law Blog, Nathan Koppel reviews recent developments in Wal-Mart’s efforts to gain Supreme Court review of the Ninth Circuit’s decision allowing a class action alleging gender discrimination to proceed against it. [read post]
28 Sep 2010, 7:26 am
Finally, the Court agreed to sort out when a state court lawsuit is barred when a group of consumers were denied a right to bring a class-action lawsuit against a company, then other consumers with the same legal complaint tried again. [read post]
28 Sep 2010, 6:53 am
The key issue was whether defense counsel informed the client of the possibility of a motion to suppress before the client made his decision. [read post]
28 Sep 2010, 5:11 am
Once in a while, I pop off and say something I don't think is provocative -- like I did last week in saying that class actions are procedural tools that cannot deprive the defendant of putting on its defenses against individual class members' claims. [read post]
28 Sep 2010, 5:08 am
District Judge Manuel Real, citing an "egregious breach of McGuireWoods's ethical duties," on Monday granted $500,000 in fees to the firm -- significantly less than the $12 million originally awarded in a $49 million settlement in 2007 that resolved a class action by 300,000 consumers who alleged West Publishing conspired to monopolize the bar exam review course market.'D.C. 25' Report Shows Law Firms' Pain on the PotomacThe National Law JournalThe… [read post]
28 Sep 2010, 3:13 am
I suggested that TWAILERs have provided us with five abiding insights: (1) that colonial patterns of thinking persist and continue to structure our international law sources and foundational concepts; (2) that the “civilizing mission” continues to drive, often to ill effect, current legal phenomena (from the turn to international organizations to concepts like “good governance” and the responsibility to protect (R2P)); (3) that racism and misplaced notions of cultural… [read post]
28 Sep 2010, 2:49 am
That makes him well-suited to publish Class Action Countermeasures, a blog discussing the strategic considerations involved in class action defense. [read post]
