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25 Jun 2007, 6:07 am
Turning to plaintiff’s motion to certify a class action, the district court began with the defense argument that the class action complaint prays for rescission but “a TILA plaintiff seeking a declaratory judgment that she is entitled to rescission may not utilize the class action mechanism. [read post]
21 Jan 2009, 3:56 am
Defense attorneys moved for summary judgment as to all of the class action claims; the district court granted the motions as to the promotion and hostile work environment claims, but denied the motions as to plaintiff’s discriminatory and retaliatory pay disparity claims. [read post]
22 Nov 2022, 12:38 pm
Indeed, the grant of certiorari by the Supreme Court in Alig is itself a signal that this defense is one that should not be discounted by defendants finding themselves the subject of class action litigation. [read post]
23 May 2007, 6:18 am
The federal court rejected defense arguments that the class action claims were not justiciable, but granted the motion to dismiss the complaint for failure to state a claim. [read post]
15 Jul 2008, 12:25 pm
Defense attorneys removed the class action to federal court, id., at 1-2. [read post]
1 Oct 2012, 6:13 am
From the defense perspective, this is the latest attempt at a “no injury” class action where no actual injuries or damages exist. [read post]
1 Oct 2012, 6:13 am
From the defense perspective, this is the latest attempt at a “no injury” class action where no actual injuries or damages exist. [read post]
27 Jan 2010, 7:53 pm
Class Action Complaint that was Non-Justiciable for Failure of Original Plaintiffs’ Claims was Properly Dismissed Following Addition of New Plaintiffs because Defense Tender of Full Payment Prior to Amendment Adding New Plaintiffs as Class Representatives Mooted their Claims Fifth Circuit Holds Plaintiffs filed a putative class action against Fidelity National Financial and others “alleging that Ticor Title Insurance… [read post]
15 Jul 2011, 6:35 am
(Both McCollins and Smith predated the Class Action Fairness Act (CAFA), which now makes it somewhat easier to remove class actions from state to federal court.) [read post]
15 Apr 2012, 1:34 pm
Plaintiffs moved the trial court to certify the litigation as a class action, id., at 5. [read post]
7 Jul 2010, 4:47 am
As noted above, defense attorneys removed the putative class action to federal court, and the district court granted a defense motion to compel plaintiffs to arbitrate their claims on an individual basis, upholding the enforceability of the class action waiver. [read post]
4 Aug 2008, 12:23 pm
Defense attorneys raised several arguments, but we focus only on the claim that the district court should not have permitted the litigation to proceed as a class action. [read post]
13 Sep 2009, 8:57 pm
Defense attorneys moved to dismiss the class action complaint on the grounds that (1) plaintiff “failed to allege that she had been injured by a FCRA violation,” and (2) “that the statute of limitations had run. [read post]
8 May 2013, 8:25 am
If the Arkansas Supreme Court answers the certified question in the insured’s favor, I would not be surprised to see additional class action filings on this issue in Arkansas (although the federal district court in this case has not yet decided whether to certify a class). [read post]
29 Aug 2023, 9:01 am
The classes aim to raise awareness about the risks associated with driving under the influence of alcohol or drugs and provide information on the legal and personal consequences of such actions. [read post]
10 Aug 2011, 5:52 am
What is the single legal reform that would have the most positive impact on the defense of class actions going forward? [read post]
26 Aug 2008, 12:20 pm
The district court granted the defense motion and dismissed all of the class action claims, id., at *3. [read post]
10 Jul 2008, 12:15 pm
The district court granted the defense motion in its entirety, and denied plaintiffs’ request for leave to file an amended class action complaint. [read post]
31 Oct 2012, 11:00 pm
Class Action Settlements. [read post]
17 Jul 2023, 6:24 pm
July 12, 2023), the plaintiff filed a putative statewide class action in Montana against GEICO. [read post]
