Search for: "Class Action Defense"
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1 Sep 2009, 9:18 pm
Defense attorneys removed the class action to federal court under the Class Action Fairness Act (CAFA), id., at 7. [read post]
23 Oct 2008, 12:13 pm
Defense attorneys moved to dismiss the class action on the ground that the benefit underlying the putative class action was “an unvested welfare benefit” and, accordingly, “neither [ERISA], nor unilateral contract principles prohibited its termination. [read post]
27 Jun 2007, 5:36 am
The district court sua sponte ordered the two class actions consolidated, holding that the requirements of FRCP Rule 42 were satisfied, id., but invited defense and plaintiff’s counsel to advise the court if they believed consolidation “would lead to inefficiency, inconvenience, or unfair prejudice to a party,” id., at 451. [read post]
9 Apr 2009, 5:18 am
Defense attorneys moved to dismiss the Consolidated Second Amended Securities Class Action Complaint for failure to meet the heightened pleading requirements established by the Private Securities Litigation Reform Act (PSLRA). [read post]
8 Feb 2010, 3:56 am
Defense attorneys moved to dismiss the class action complaint on the ground that it was barred by the Securities Litigation Uniform Standards Act of 1998 (SLUSA), which prohibits certain “covered class action” lawsuits. [read post]
21 Sep 2009, 9:08 pm
Defense attorneys moved to decertify the litigation as a class action, arguing that in light of the statutory cap on damages awardable under FDCPA class actions, the de minimis recovery awaiting class members defeated the “superiority” prong of class certification. [read post]
24 Oct 2007, 5:24 am
Plaintiffs moved for class action certification of a class of property owners; defense attorneys argued class action treatment was not warranted in part because common issues did not predominate over individual issues and a class action was not the superior means of resolving the dispute. [read post]
16 Jul 2010, 3:38 am
This panel offered a history of class action litigation involving life insurance and annuity products. [read post]
22 Jul 2008, 12:17 pm
NOTE: Defense attorneys also argued that the class action complaint’s state law claims were preempted by the Home Owners' Loan Act (HOLA), 12 U.S.C. [read post]
9 May 2014, 4:30 am
This decision is a good example of how a motion to deny class certification can be used successfully and should be considered as a potential defense strategy. [read post]
2 Jun 2008, 5:14 am
Defense attorneys appealed the denial of the motions to disqualify and to remove all of the named plaintiffs from the class action litigation; plaintiffs cross-appealed, challenging certain of the verbal and written orders by the trial court, id. [read post]
14 Oct 2013, 6:08 am
In defending against a “common issues” class action, however, the critical question is whether class counsel can prove the claims of all class members with the same evidence counsel will use to prove the claims of the class representa`tives.[1] The stakes of proving every element of every claim and defense thus go up considerably in a class action, and defense counsel has the additional defense that… [read post]
14 Oct 2013, 6:08 am
In defending against a “common issues” class action, however, the critical question is whether class counsel can prove the claims of all class members with the same evidence counsel will use to prove the claims of the class representa`tives.[1] The stakes of proving every element of every claim and defense thus go up considerably in a class action, and defense counsel has the additional defense that… [read post]
4 Apr 2008, 4:14 pm
The Los Angeles Times notes that the damages sought by the class action "theoretically could have ballooned to as much as $800 billion," and quotes a defense attorney as noting that the decision has "tremendous significance" due to its potential impact on numerous similar class action lawsuits pending in other state and federal courts. [read post]
2 Nov 2016, 10:27 pm
Many class-action commentators (including this blog) spend much of their time focusing on class action in federal courts: what caselaw controls, what arguments tend to work. [read post]
26 Feb 2009, 4:05 am
Because the class action complaint expressly defined the putative class “to include only citizens of South Carolina,” defense counsel’s speculation that class members may have moved out of state was inaccurate. [read post]
5 Jun 2009, 7:34 am
Defense attorneys for two Bayer entities supported centralization of all of the class actions, including the California class action, in either Illinois or New York, id. [read post]
11 Apr 2008, 5:29 am
The Judicial Panel granted the motion to centralize the class action lawsuits and agreed with the moving plaintiff defense that the District of Nebraska was an appropriate transferee forum “because the first-filed action was brought there and it is movant’s unopposed choice. [read post]
11 Jan 2010, 8:08 pm
Two years later, in September 2006, plaintiff and Carfax entered into a proposed class action settlement; the trial court gave preliminary approval to the class action settlement the following month. [read post]
13 Aug 2024, 10:08 am
Share on LinkedInShare on TwitterShare by EmailShare Back to top Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or imminent. [read post]
