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29 Jan 2008, 4:21 am
Defense attorneys opposed each of these motions, id. [read post]
21 Apr 2008, 5:03 am
The defense opposed class action treatment on the grounds that “significant differences exist between the facilities and workers,” id., at 7; the district court found that objection to be premature and conditionally certified the class action for notice purposes. [read post]
2 Feb 2012, 8:37 pm
After some years of unsettled law and conflicting decisions, it looks as though after June plaintiff and defense counsel, and their clients, will receive some long-awaited certainty regarding the ability of indirect purchasers to commence price-fixing class actions and the status of the passing-on defense in Canada. ___________________ For more see: Canadian Supreme Court Grants Leave in Pro-Sys/Microsoft and Sun-Rype Indirect Purchaser Competition/Antitrust… [read post]
9 Jul 2010, 7:06 am
Attorneys for plaintiffs in seven of the class actions filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. [read post]
30 Nov 2010, 12:24 pm
But class actions might still have the benefit of providing deterrence in arenas that require it. [read post]
15 Apr 2008, 5:08 am
The district court granted the defense motion and dismissed the class action complaint. [read post]
15 Aug 2012, 3:29 pm
Specification of Class Issues: The Third Circuit also found the class certification order insufficient because “the certification order does not define the claims, issues, or defenses to be treated on a class basis at all. [read post]
14 Oct 2008, 12:10 pm
ERISA Class Action Claims Satisfied Requirements for Class Action Treatment because “Federal Courts have Overwhelmingly Held that ERISA Breach of Fiduciary Duty Claims are Appropriate for Class Action Treatment” Ohio Federal Court Holds Plaintiffs, former employees of Fifth Third Bancorp and participants in the company’s profit sharing plan, filed a class action against various defendants… [read post]
12 Jul 2012, 2:42 am
John Coffee, Class Wars: The Dilemma of the Mass Tort Class Action. [read post]
28 Nov 2007, 4:39 am
Plaintiffs sought class action certification; defense attorneys opposed class action treatment on the ground that commonality did not exist, that plaintiffs were not adequate class representatives, and that a class action was not the superior means of resolving the issues in dispute. [read post]
15 Aug 2006, 6:09 am
New Jersey Supreme Court Holds that Provision in Arbitration Agreement Prohibiting Class Actions is Unconscionable but Severable so that Plaintiff may Pursue Class-Wide Arbitration A part-time college student filed a class action against a lender for alleged violations of New Jersey consumer-fraud statutes; the defense moved to compel arbitration of plaintiff’s individual claim based on a class-action bar in an… [read post]
23 Apr 2010, 12:21 pm
" This article was originally posted on Sheppard Mullin's Class Action Defense Strategy Blog, which can be found at www.classactiondefensestrategy.com. [read post]
3 Mar 2009, 3:58 am
Accordingly, it granted the defense motion to decertify the class, id., at 17. [read post]
24 Nov 2009, 4:14 am
Defense attorneys for Homecomings Financial removed the class action to federal court on the basis of federal question jurisdiction, id., at 1., and then filed a motion to dismiss the class action which plaintiffs did not oppose, id., at 1-2. [read post]
28 Sep 2008, 2:14 pm
The California class action plaintiffs opposed the motion, as did two defendants in the California class action. [read post]
16 Jun 2011, 12:36 pm
Neither a proposed class action nor a rejected class action may bind nonparties. [read post]
16 Apr 2009, 5:10 am
Defense attorneys sought and received leave to appeal the class action certification order, id., at 3-4. [read post]
17 Jun 2009, 4:58 am
Defense attorneys moved to dismiss the class action under Rule 12(b)(1) for lack of subject matter jurisdiction and under Rule 12(b)(6) for failure to state a claim. [read post]
22 Sep 2008, 12:02 pm
Defense attorneys filed a motion to dismiss the class action complaint on the ground that it failed to meet the heightened pleading requirements of the Private Securities Litigation Reform Act (PSLRA). [read post]
12 Sep 2011, 12:26 pm
A “mass accident” resulting in injuries to persons is ordinarily not appropriate for a class action because of the likelihood that significant questions, not only of damages but of liability and defenses to liability, would be present, affecting the individuals in different ways. [read post]
