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7 Jan 2008, 4:11 am
Absent Class Members Play Limited Role in Class Action Lawsuits and do not Enjoy Traditional Attorney-Client Relationship with Class Action Counsel, so Absent Class Members must Establish Right to Review Files Maintained by Law Firm Representing Plaintiffs in Class Action on a Case-by-Case Basis New York Court Holds In connection with a motion seeking court approval of a proposed class action settlement,… [read post]
23 Feb 2007, 5:09 am
. § 1407 but Agrees with Defense Attorneys and Non-Moving Plaintiffs that Class Actions Should be Centralized in Southern District of California Six class action lawsuits were filed against Morgan Stanley in Connecticut, Illinois, New Jersey, New York and Texas federal courts alleging violations of the federal Fair Labor Standards Act (FLSA) by misclassifying certain employees as exempt from overtime pay and/or by assessing improper deductions… [read post]
5 Nov 2009, 4:14 am
Defense attorneys moved to compel arbitration of the class action’s claims on an individual basis based on the class action waiver in the arbitration clause; plaintiffs opposed the motion, arguing that the class action waiver was unconscionable and therefore unenforceable. [read post]
5 Dec 2013, 2:36 am
So what does this mean for defense counsel? [read post]
19 May 2017, 3:00 am
Liberty argued that there was no CAFA-based limitation and that all class actions were covered by that grant of jurisdiction. [read post]
28 May 2007, 5:17 am
Defense Motion to Dismiss Class Action Allegations Based on Foreign Conduct Granted because no Evidence of "Direct, Substantial and Foreseeable Effect on U.S. [read post]
14 Oct 2009, 9:12 pm
Class Action Alleging Breach of Annuity Contract for Failure to Pay Promised Interest Rate Failed Entitling Defense to Summary Judgment on Class Action Complaint Tennessee Federal Court Holds Plaintiff filed a putative class action against AIG Annuity Insurance Company alleging breach of contract; specifically, the class action complaint alleged that AIG failed to pay the amount of interest promised under the annuity… [read post]
20 Aug 2013, 1:17 am
An August 9, 2013 post on the Class Action Lawsuit Defense Blog about the decision can be found here. [read post]
24 Apr 2008, 10:48 am
Defense attorneys filed a petition with the Ninth Circuit for permission to appeal the district court order certifying a nationwide class action. [read post]
15 May 2009, 10:22 am
Labor Law Class Action Against 3M Alleging Age Discrimination Warranted Class Action Certification Minnesota State Court Holds Plaintiff filed a class action against his employer, 3M, alleging labor law violations; the class action complaint asserted that 3M discriminated against employees on the basis of age with respect to leadership development opportunities, promotion decisions, compensation decisions, and job… [read post]
10 Feb 2010, 8:06 pm
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]
19 Feb 2008, 4:19 am
The district court granted plaintiffs’ motion for class action treatment, and the parties eventually negotiated and sought district court approval of a proposed $3.2 billion settlement of the class action. [read post]
15 Aug 2012, 10:51 pm
Wolfman warns about the negative impact that this type of conduct has on public perception of class actions, and makes the valuable point that even minor abuses of the system for personal gain threatens to bring scrutiny to the class action mechanism more generally, which limits access to justice that class actions may provide in meritorious cases. [read post]
16 Jan 2018, 9:51 am
Supreme Court as it shaped and refined the scope of potential liability and defenses in ERISA class actions. [read post]
7 Aug 2007, 5:46 am
Plaintiff moved the district court for an order certifying the litigation as a class action; the district court denied the motion, agreeing with defense attorneys that plaintiff was not an adequate representative of the class. [read post]
8 Oct 2009, 5:11 am
Defense attorneys removed the class action to federal court on grounds of diversity even though two of the defendants shared Wisconsin citizenship with the plaintiffs, arguing that the Wisconsin-resident defendants were fraudulently joined to defeat diversity, and also asserting removal jurisdiction under the Class Action Fairness Act (CAFA). [read post]
6 Jan 2012, 1:33 pm
Listen as our authoritative panel of class action attorneys discusses trends in settlement objections and best practices that both plaintiff and defense counsel can take to protect proposed settlements. [read post]
25 Jan 2010, 8:07 pm
” _Id._ Defense attorneys moved to dismiss the class action complaint for failure to meet the pleading requirements enunciated in _Bell Atlantic Corp. v. [read post]
31 Aug 2009, 4:54 am
Defense attorneys again moved to dismiss the class action, id., at 209. [read post]
6 Oct 2009, 9:08 pm
Defense attorneys removed the class action to federal court under the Class Action Fairness Act of 2005 (CAFA), id., at 1009-10. [read post]
