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3 Apr 2013, 1:57 pm by Wystan M. Ackerman
In Ross, the Seventh Circuit’s opinion focused on: (1) whether the district court’s class certification order satisfied the requirement in Rule 23(c)(1)(B) that a class certification order must adequately define the class and the class issues, claims and defenses; and (2) whether the commonality requirement was satisfied under Wal-Mart v. [read post]
27 Aug 2007, 6:53 am
The Second Circuit's decision in Marcera was vacated on grounds completely distinct from the court's holding with respect to certification of the (b)(2) defendant class. [read post]
8 Nov 2010, 4:01 am
"Ultimately the Comptroller sustained the ERS’s denial of his application for benefits and Rivera filed a petition pursuant to CPLR Article 78 seeking a court order annulling the Comptroller’s determination.Under the circumstances, said the Appellate Division, ERS had the obligation to rebut the statutory presumption that Rivera's disability occurred as a result of his performance and discharge of his duties as a correction officer.The Appellate… [read post]
30 Mar 2015, 12:12 pm
  Instead, the case before the Court was factually distinguishable from a California case, Hypertouch, Inc. v. [read post]
7 Jan 2012, 9:19 am by Douglas Melcher
The District then appealed the trial court’s order denying the Rule 60(b) motion. [read post]
30 Sep 2011, 5:00 am by Erica Woodruff
Cal., August 1, 2011), in light of the Supreme Court’s recent decision in Janus Capital Group, Inc. v. [read post]