Search for: "Class Action Defense"
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13 Dec 2007, 4:18 am
In August 2006, defense attorneys again removed the class action to federal court, this time arguing that removal jurisdiction existed under CAFA. [read post]
24 Sep 2009, 5:15 am
Defense attorneys moved to dismiss the class action on the ground that the County failed to comply “with administrative processes for assessing and collecting taxes, thus exhausting its administrative remedies, prior to commencing its action to recover those taxes”; the district court granted the motion and dismissed the class action. [read post]
2 Feb 2010, 8:10 pm
The district court dismissed the first amended class action complaint without prejudice, but defense attorneys challenged the second amended class action complaint also for failure to meet the pleading requirements of the PSLRA. [read post]
12 Oct 2018, 10:04 am
A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description on the key issue of duties qualifying for the employer to claim the protection of the Part 541 exemptions. [read post]
15 Jan 2007, 4:44 am
Changed Circumstances Surrounding Proposed Class Action Settlement Requires Class Members Receive Another Opportunity to Request Exclusion from Settlement Maine Federal Court Holds Plaintiff filed a class action against Knox County challenging the jail's policy to strip search arrestees at the Knox County Jail; after the district court certified the lawsuit as a class action, defense and plaintiff attorneys reached a… [read post]
9 May 2007, 5:45 am
Defense attorneys sought appellate review of the class action certification order under FRCP Rule 23(f), and the Circuit Court permitted the appeal, id. [read post]
11 Feb 2010, 4:06 am
The district court also rejected defense challenges to the commonalty test in Rule 23(a)(2) because plaintiff’s class action was not premised on any representations made to her orally but, rather, on the disclosures contained in the written loan documents. [read post]
4 May 2009, 4:47 am
The district court held that class action waiver was enforceable and, accordingly, that class action certification was not warranted. [read post]
23 May 2012, 10:28 am
Recently, plaintiffs’ class action lawyers from across the country have begun to look to the decisions of NAD in order support false advertising class action claims. [read post]
14 Dec 2007, 5:25 am
Defense attorneys opposed pretrial coordination of the class action litigation, but supported plaintiffs’ choice of the Eastern District of Louisiana if the motion was granted. [read post]
31 Jul 2008, 12:24 pm
Defense attorneys then moved the court for summary judgment as to plaintiff’s individual claims; the trial court granted the defense motion, thereby terminating all individual and class claims in the putative class action. [read post]
27 Aug 2013, 3:48 am
I saw my first copyrighted class action complaint more than a decade ago. [read post]
10 Apr 2012, 8:25 am
If the claims or defenses they present are atypical of the class, they are not accurately representing the interest of that class. [read post]
26 Apr 2012, 3:37 am
In the meantime, however, I'd recommend class-action defense lawyers read their proposal, if only because their analysis of the overall problem shows why some class actions belong in front of administrative agencies instead of in the federal courts. [read post]
10 Jun 2009, 5:05 am
Defense attorneys removed the class action to federal court under CAFA (Class Action Fairness Act of 2005), id. [read post]
5 Mar 2019, 7:27 am
Am., LLC, 687 F.3d 583, 592 (3d Cir. 2012), the Third Circuit vacated the District Court’s order, because it failed to define the classes being certified and to define the claims, issues, or defenses accorded class treatment. [read post]
11 Feb 2009, 4:17 am
Accordingly, the defense failed to establish minimal diversity and the district court did not err in remanding the class action to state court. [read post]
5 Sep 2006, 11:21 pm
Plaintiff Lawyers Focus on Derivative Actions Rather than Class Action Lawsuits to Attack Stock Option Backdating Programs Defense attorneys have expressed surprise at the relatively limited number of class action lawsuits filed in the wake of options-backdating disclosures; Julie Creswell of the New York Times has noticed this, too. [read post]
13 May 2008, 5:14 am
The federal court first addressed the defense argument that the state and federal class action claims could not be prosecuted in the same action, based on the theory that “a plaintiff should not be allowed to maintain a representative action involving both federal and state law wage claims because of the procedural differences between the two types of claims. [read post]
29 Feb 2008, 4:17 pm
Blue Shield still faces a possible class action on “post claims underwriting. [read post]
