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8 Jul 2009, 5:08 am
Defense attorneys opposed class action certification, in part on the ground that various states will interpret the relevant contracts differently and have different consumer protection laws such that a nationwide class action would be unworkable. [read post]
We recently discussed Circuit Court rulings allowing nationwide class actions where the named plaintiffs could satisfy specific personal jurisdiction. [read post]
19 Mar 2009, 5:26 am
Defense attorneys moved to dismiss the class action: they argued that the class action “should be dismissed because the various allegations therein are insufficient under the pleading standard set forth above to infer the existence of an agreement or conspiracy to restrain trade. [read post]
8 Mar 2007, 5:05 am
If there are strong defenses to the class action, then even defense payment of minimal amounts in settlement may be reasonable. [read post]
15 Feb 2007, 5:10 am
The district court agreed with the defense and dismissed the class action complaint, but granted plaintiffs leave to file an amended complaint if they could allege facts sufficient to satisfy the PSLRA. [read post]
7 Aug 2009, 10:05 pm
As a resource to California class action defense attorneys, we provide weekly, unofficial summaries of the legal categories for new class action lawsuits filed in the state and federal courts located in Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. [read post]
21 Jul 2010, 5:31 am by Rebecca Tushnet
This putative class action (over five million in the class) alleged claims for breach of contract, common law fraud, and violations of the consumer protection statutes of Illinois, Michigan, and California based on a free product giveaway in May 2009. [read post]
22 Jul 2009, 5:11 am
Plaintiffs filed a motion with the trial court to certify the litigation as a class action under California Code of Civil Procedure section 382; defense attorneys opposed class action treatment on the ground that the “opt-in” requirement of an FLSA collective action was incompatible with the “opt-out” nature of class actions under Section 382. [read post]
2 Dec 2009, 4:11 am
Defense attorneys moved to compel plaintiffs to arbitrate their claims individually, rather than as part of a class action, pursuant to an arbitration clause that requires arbitration of disputes and prohibits class actions. [read post]
21 Dec 2007, 8:26 pm
Federal Court Rejects Bid By Defense Attorneys to Move Criminal Trial of Class Action Lawyer Melvyn Weiss to New York We have previously discussed the criminal indictment of noted class action plaintiff lawyer Melvyn Weiss, co-founder of the securities fraud class action firm formerly known as Milberg Weiss . [read post]
31 Jan 2010, 7:59 pm
Plaintiffs moved the trial court to certify the litigation as a class action, id., at 90; defense attorneys opposed class action treatment on the grounds that individual issues would predominate over questions common to the putative class and that the claims of the named representatives were not typical. [read post]
6 Apr 2016, 7:51 am by Epstein Becker Green
Our colleague Michael Kun, attorney at Epstein Becker Green, has a post on the Wage & Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: “Clarification of California’s Obscure ‘Suitable Seating’ Wage Rule Likely to Lead to More Employers Providing Seats – and to More Class Actions Against Those Who Don’t. [read post]