Search for: "Class Action Defense"
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21 Jul 2009, 5:09 am
Defense attorneys removed the ninth amended class action complaint to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA). [read post]
9 Mar 2008, 8:09 am
Plaintiffs filed a motion for certification of the litigation as a class action; simultaneously, the parties were negotiating a potential settlement of the class action claims. [read post]
3 Jun 2009, 5:05 am
Defense attorneys moved to dismiss the class action, ultimately resulting in a circuit court opinion that held the class action’s unjust enrichment claims failed but the class actions state and federal racketeering claims survived. [read post]
1 Nov 2009, 7:51 pm
The district court granted the motion and dismissed the class action without prejudice. [read post]
23 Jun 2008, 11:54 am
Defense Post-Trial Motion to Decertify FLSA Collective Action Granted because Evidence Revealed Lack of Similarity Among Class Members thereby Precluding Defense from Presenting a Uniform Defense to FLSA Claims Louisiana Federal Court Holds Plaintiffs filed a labor law class action against Big Lots Stores for violations of the federal Fair Labor Standards Act (FLSA); specifically, the class action complaint alleged… [read post]
5 May 2009, 5:07 am
Defense attorneys moved to dismiss the class action on the grounds that the claims were time-barred as they allegedly arose in the 1980s; the district court held that the discovery rule did not toll the statute of limitations and dismissed the class action complaint. [read post]
21 Mar 2014, 2:59 pm
It is relatively rare these days that a federal court certifies a class action in an insurance claims-related case. [read post]
1 Apr 2009, 5:09 am
Accordingly, the federal court granted the defense motion to dismiss the class action complaint, but granted plaintiff leave to amend. [read post]
17 Oct 2008, 12:11 pm
The district court granted the defense motion to dismiss the class action’s sixth cause of action, and then declined to exercise supplemental jurisdiction over the class action’s remaining state law claims and, accordingly, dismissed the class action complaint in its entirety. [read post]
17 Jan 2008, 4:16 am
As in Killingsworth, defense attorneys moved to dismiss Sawyer’s class action on the ground that no private right of action existed; the federal court agreed and dismissed Sawyer’s class action. [read post]
2 Jan 2008, 6:55 pm
The settlement follows a failed attempt by defense attorneys to obtain dismissal of the class action complaint. [read post]
20 Nov 2008, 5:24 pm
Lindor's legal defense in UMG v. [read post]
6 Apr 2009, 4:49 am
The remaining defendants opposed class action treatment, and the district court agreed with defense attorneys that class action certification was not warranted. [read post]
17 Jul 2008, 11:43 am
Defense attorneys opposed any class action treatment. [read post]
2 Dec 2013, 7:24 am
In one recent Ford case, for example, the Third Circuit remanded a certified class action to the district court for decertification where some class members benefitted from the challenged practice and others suffered a greater or lesser alleged injury.[2] Hence, even if a class is initially certified, it is important to continue to develop defenses against class certification that the trial court may not have appreciated fully at an earlier point… [read post]
2 Dec 2013, 7:24 am
In one recent Ford case, for example, the Third Circuit remanded a certified class action to the district court for decertification where some class members benefitted from the challenged practice and others suffered a greater or lesser alleged injury.[2] Hence, even if a class is initially certified, it is important to continue to develop defenses against class certification that the trial court may not have appreciated fully at an earlier point… [read post]
14 Aug 2016, 12:00 am
Superior Court (Marshalls) The post Class Action Defense Cases – Williams v. [read post]
1 Sep 2008, 12:09 pm
After summarizing the standard governing certification of class actions, see In re ConAgra, at 4-6, the district court noted that defense attorneys challenged only Rule 23(a)’s typicality requirement for class action certification and Rule 23(b)(3)’s superiority requirement for class action certification, id., at 6. [read post]
14 Sep 2018, 10:02 am
Often, when a class of workers petitions for conditional certification in FLSA collective action, and such certification is granted, it usually is for the entire class being asked for. [read post]
4 Jun 2008, 12:08 pm
The state court granted the motion, and defense attorney removed the class action to federal court under the Class Action Fairness Act of 2005 (CAFA). [read post]
