Search for: "Class-Action State Actors"
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26 Feb 2014, 11:01 am
” SLUSA precludes most state-law class actions involving a “misrepresentation” made “in connection with the purchase or sale of a covered security. [read post]
24 Feb 2014, 7:36 pm
IndyMac MBS, Inc. 13-640Issue: Whether the filing of a putative class action serves, under American Pipe & Construction Co. v. [read post]
17 Feb 2014, 7:26 am
The government may be required to be neutral as between classes of private speakers, as Sullivan requires and as I will argue should be the case with respect to trademark law. [read post]
14 Feb 2014, 12:00 pm
Federal Trade Commission 13-534Issue: Whether, for purposes of the state-action exemption from federal antitrust law, an official state regulatory board created by state law may properly be treated as a “private” actor simply because, pursuant to state law, a majority of the board’s members are also market participants who are elected to their official positions by other market participants. [read post]
14 Feb 2014, 10:40 am
Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. [read post]
23 Jan 2014, 6:53 am
Rather Comment k is “premised on the assumption that all products within its scope carry some net benefit (relative to risks) for some class of consumers,” id., and thus doesn’t address the kind of claim the plaintiff advances. [read post]
10 Jan 2014, 12:30 pm
We don’t expect that our own devices will constantly report our actions — even likely illegal actions — to the police. [read post]
7 Jan 2014, 2:54 pm
Authors: Erica Gann Kitaev and Paul Karlsgodt For a number of years, the key issue in data privacy class actions has been whether plaintiffs could allege damages sufficient for standing purposes or to state a claim for relief. [read post]
1 Jan 2014, 7:04 am
If they did understand the consequences of their actions how many politicians would care? [read post]
30 Dec 2013, 5:25 am
A defendant having the right to defend – what a novel concept in class actions. [read post]
26 Dec 2013, 9:20 am
(b) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with mental retardation who resided in a state supported living center, the ICF-MR component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of… [read post]
21 Dec 2013, 8:11 am
This is the logic of the new antitrust case, the class action that was just certified against high-tech giants which had agreed to not recruit each other’s employees. [read post]
20 Dec 2013, 5:39 am
In United States v. [read post]
12 Dec 2013, 12:57 pm
State Bd. of Educ. v. [read post]
12 Dec 2013, 1:26 am
The Classification test for Article 14: The classification test provides for very limited scrutiny of state action (as opposed to alternatives like strict scrutiny and proportionality review). [read post]
3 Dec 2013, 9:01 pm
United States. [read post]
3 Dec 2013, 12:20 pm
The Federal Trade Commission (FTC), state attorneys general, consumers/private class-action lawyers, public interest groups and competitors have multiple ways to combat falsity in the marketplace. [read post]
1 Dec 2013, 3:50 am
That is a view, though, that states continue to reject in large part, and that non-state actors sometimes view as irrelevant. [read post]
25 Nov 2013, 7:24 am
Sometimes these engagements spill over into the political realm, either as an instrument useful to political actors in the coordinate branches, or as a means of furthering political agendas among civil society actors. [read post]
23 Nov 2013, 3:08 pm
The SYLLABUS can be accessed HERE.With this post I continue to share with the class and interested "others" summary study notes for the course readings. [read post]
