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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]
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]
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]
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]
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]
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]
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]
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]
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]
31 Aug 2009, 4:54 am
Defense attorneys again moved to dismiss the class action, id., at 209. [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]
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]
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]
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]
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]
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]
28 Apr 2010, 8:48 pm
Labor Law Class Action Alleging Wal-Mart Discriminates Against Female Employees in Violation of Title VII of the Civil Rights Act of 1964 Properly Certified As Nationwide Class Action by District Court Ninth Circuit Holds Plaintiffs filed a class action against Wal-Mart alleging violations of Title VII of the Civil Rights Act of 1964; specifically, the class action complaint alleged that Wal-Mart discriminates against its female… [read post]
16 Apr 2014, 8:03 am
With an increase in spending and exposure to high risk class action suits, respondents revealed that they are doing more work in house, averaging almost one additional full-time lawyer on their staffs to manage the defense of class actions. [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]
