Search for: "Class Action Defense"
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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]
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]
16 Jul 2010, 3:38 am
This panel offered a history of class action litigation involving life insurance and annuity products. [read post]
11 May 2017, 3:00 am
There are many similarities between IPOs & established companies – most companies have an advance notice bylaw, authorize a class of blank check preferred & prohibit shareholder action […] [read post]
18 Oct 2009, 8:39 pm
Defense attorneys opposed class action treatment, arguing _inter alia_ that common questions do not predominate. [read post]
9 May 2017, 10:18 am
Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. [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]
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 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]
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]
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]
13 Jan 2009, 4:05 am
Defense attorneys moved to dismiss the class action on the ground that the allegations in the class action complaint failed to meet the heightened pleading requirements established by the Private Securities Litigation Reform Act of 1995 (PSLRA), and the Supreme Court’s decision in Tellabs, Inc. v. [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]
8 May 2014, 5:56 am
Defendant’s argument would destroy the consumer class action. [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]
14 Feb 2010, 8:12 pm
Defense attorneys removed the class action to federal court under the Class Action Fairness Act (CAFA), and then moved for summary judgment on the grounds that class action’s claims were preempted by the Airline Deregulation Act of 1978 (ADA). [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]
7 Aug 2015, 11:26 am
Manufacturers will need to consider whether to allow the vehicle owner to re-program their vehicle to make different decisions, which might provide a better defense to some class actions but spawn others. [read post]
16 Oct 2008, 12:01 pm
ATTM’s defense attorneys filed a motion to dismiss the class action and compel arbitration pursuant to the Federal Arbitration Act (FAA), and Apple’s defense attorneys filed a motion to dismiss the class action complaint. [read post]
