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30 Aug 2012, 1:38 pm by Steven Berk
When those “public policy arguments” amount to a finding that “no practical, viable means of individualized dispute resolution” existed in the face of a class action waiver, it seems impossible to ignore the unconscionable outcome of enforcement. [read post]
28 Jun 2023, 6:00 am by Barry Barnett
Claim that life insurer knew death rate had risen a lot when its CFO called it “normal” and only “slightly negative” met “falsity” test under Securities Exchange Act of 1934. https://www2.ca3.uscourts.gov/opinarch/211147p.pdf The Contingency lands on FeedSpot’s 30 Best Antitrust Law Blogs and Websites. https://blog.feedspot.com/antitrust_law_blogs/ Limitations defense may work despite no proof of exact date when claims accrued.… [read post]
19 May 2015, 6:45 am by Amy Howe
Gomez, in which it will consider issues related to mootness and class actions. [read post]
28 Jun 2015, 8:50 am by Ron Coleman
 It would permit this class action – –  which was brought against defendant Google Inc. [read post]
14 Jan 2009, 4:30 am
In this case filed in the Southern District of New York, the plaintiff, Terrell Caudle, brought a class action against his employer’s pension consultant following the theft of some laptop computers that contained the personal information of the employees, including the plaintiff. [read post]
30 Aug 2012, 1:38 pm by Steven Berk
When those “public policy arguments” amount to a finding that “no practical, viable means of individualized dispute resolution” existed in the face of a class action waiver, it seems impossible to ignore the unconscionable outcome of enforcement. [read post]
9 Apr 2012, 1:09 am by Kevin LaCroix
Where, as here, the failed institution or its holding company were publicly traded, the potential liability exposures include the possibility of an SEC enforcement action or a securities class action lawsuit. [read post]
28 May 2017, 4:49 am by The Public Employment Law Press
A public officer may be removed from his or her office pursuant to Public Officers Law §36 Abolishing a position in the public service and the Doctrine of Legislative Equivalency Abolition of positions and the assignment of former teaching duties to other teachers Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of contract allegation Absence of the individual who rated the employee unsatisfactory from the… [read post]
7 Sep 2022, 7:57 am by Jeremy Saland
Alternatively, even if the number of people is only two or more, if a person’s actions are the same and he obtains property in excess of $1,000.00 from at least one of them, then he has violated Penal Law 190.65(1)(b). [read post]
3 Sep 2019, 7:17 pm by John Rubin
Court of Appeals refuses to recognize civil cause of action for violation of state constitutional right to a speedy trial Washington v. [read post]
28 Feb 2014, 2:48 pm by Rebecca Tushnet
  That’s one of the things the federal gov’t was empowered to do, bound up w/sense of nationhood beyond a simple free trade area.Even in the UK, we quite soon had not quite a Dawn Donut rule but something similar, with a honest concurrent use defense, which provided both a defense and a way of getting onto the register. [read post]
3 Mar 2008, 10:43 am
Bates participation in a class action suit against the makers of "Phen-Fen".Long story short, the makers of two meds used in conjunction with the other produced dramatic weight loss results. [read post]
5 Oct 2010, 6:01 am by David G. Badertscher
High Court Approves Class Action Suit Alleging Relacore Ad FraudNew Jersey Law JournalA class action suit is the best method for resolving multiple consumer fraud claims against a drug maker over allegedly deceptive product advertising, New Jersey's Supreme Court held unanimously on Thursday. [read post]
31 Jan 2020, 2:21 pm by Peter S. Lubin and Patrick Austermuehle
Super Lawyers named Chicago breach of contract lawyer Peter Lubin a Super Lawyer and Chicago business dispute attorney Patrick Austermuehle a Rising Star in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. [read post]
17 Jun 2013, 2:05 pm by Kevin Russell
  Background As described in our argument preview, this case arose when the lawyers representing defendants in a putative class action turned around and sued the plaintiffs’ lawyers for violating the DPPA. [read post]
15 Dec 2011, 5:10 pm by Scott Godes
  Even when companies have had success in defeating class actions, they nonetheless incurred significant legal expenses when defending those lawsuits. [read post]
23 Dec 2008, 2:25 am
  The lawsuit, which is filed as a class action on behalf of in the Fairfield Sentry fund, names as defendants Fairfield itself; Fairfield’s founding partners, as well as two principals of a Bermuda affiliate of Fairfield. [read post]
2 Feb 2011, 6:30 pm by Schachtman
  As part of historical review, Rabin describes the growth of strict product liability, the advent of medical monitoring, fear, and increased risk damages, and the application of class action procedures to so-called toxic torts. [read post]