Search for: "Class Action Defense"
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19 Oct 2006, 6:22 am
The Court agreed with defense attorneys that, under California law, the right to prosecute a class action or to serve as a class represented is not a protected property right. [read post]
20 Mar 2007, 5:22 am
The initial class action allegations were deficient, and in August 2006 the trial court granted plaintiff leave to amend the cross-complaint to assert the necessary allegations for a class action. [read post]
26 Aug 2009, 9:07 pm
” _Id._ Defense attorneys moved to dismiss the class action, _id._, and the district court granted the motion but with leave to amend. [read post]
3 Dec 2008, 11:50 am
Defense attorneys moved to dismiss the class action for failure to plead adequately falsity or scienter under the heightened standards established by the Private Securities Litigation Reform Act (PSLRA); the district court granted the motion and dismissed the class action complaint. [read post]
11 Apr 2016, 1:15 pm
As class actions increase, arbitration clauses remain a popular first line of defense. [read post]
26 Nov 2008, 12:10 pm
Defense attorneys moved to dismiss the class action complaint, id., at 804. [read post]
27 Aug 2007, 5:05 am
Defense attorneys moved to strike the representative claims on the ground that the complaint did not meet the requirements for pleading a class action, id. [read post]
1 Feb 2010, 3:59 am
Plaintiffs moved the trial court to certify the litigation as a class action, id., at 90; defense attorneys opposed class action treatment on the grounds that individual issues would predominate over questions common to the putative class and that the claims of the named representatives were not typical. [read post]
17 Aug 2009, 4:39 am
Defense attorneys opposed class action treatment, relying on an expert opinion that “plaintiffs could not show that the fraudulent disclosure in the press release was the primary cause of the stock price decline. [read post]
19 Aug 2009, 9:17 pm
Defense attorneys removed the class action to federal court under the Class Action Fairness Act (CAFA), but the district court granted plaintiffs’ motion to remand the class action to state court. [read post]
8 Oct 2013, 9:11 am
He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. [read post]
29 Apr 2008, 5:26 am
Class Action Alleging Failure to Pay Resident Employees for Time Spent “On Call” though not Performing Assigned Tasks Properly Subject to Summary Judgment in Favor of Defense California State Court Holds Plaintiffs filed a putative labor law class action against their former employer, a property management company, alleging inter alia that it had failed to pay them for overtime and waiting time; specifically, the class… [read post]
12 Dec 2007, 4:43 am
Defense counsel argued, however, relying on section 411(a) of the Copyright Act, that the district court lacked jurisdiction over the class action because putative members of the class action generally failed to register their copyrights. [read post]
14 May 2007, 5:23 am
The district court rejected the defense arguments and certified a nationwide class action as requested. [read post]
10 Jun 2008, 12:04 pm
The class action attacked five features of Gerber’s packaging of its fruit juice snacks, including that the product was “nutritious”; defense attorneys moved to dismiss the class action for failure to state a claim, arguing that the packaging, including the ingredient disclosures on the packaging, defeated plaintiffs’ class action claims. [read post]
8 Sep 2006, 6:20 am
Federal District Court Properly Granted Defense Motion to Dismiss RESPA Class Action Because Congress did not Expressly Prohibit Servicers from Charging Fees for Payoff Statements Borrowers filed a putative class action against GMAC Mortgage Corporation alleging that it violated the federal Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §§ 2601-2617, “by charging a $20 fee each time the plaintiffs requested their payoff… [read post]
12 Aug 2009, 9:05 pm
Defense attorneys again moved to dismiss the class action, _id._, at 3; the district court granted the motion without leave to amend but without prejudice. [read post]
7 Nov 2011, 10:45 am
This reading of Thatcher's purpose is supported by his failure to consider the effects of his actions on the putative class that he purportedly represents. [read post]
21 Nov 2013, 4:07 pm
In the meantime, Arkansas has been a “hot” jurisdiction for class actions, so I would expect to see more class action filings on this issue in Arkansas. [read post]
10 Sep 2021, 12:47 pm
Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. [read post]
