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20 Oct 2009, 9:00 pm
Defense attorneys moved to dismiss the class action on the grounds of that plaintiffs lacked standing and that the class action claims constituted “nonjusticiable political questions. [read post]
16 Oct 2024, 5:02 pm by Daniel M. Kowalski
MALDEF (Mexican American Legal Defense and Educational Fund) represents DACA recipients and other immigrants who comprise the settlement class. [read post]
6 Sep 2007, 6:21 am
The trial court denied a defense motion to compel arbitration pursuant to the service agreement’s arbitration clause, which included a class action waiver, id., at 346-47. [read post]
3 Jun 2015, 6:02 am
"Supreme Court To Decide Whether To Hear Four High-Stakes Cases Asking When A Suit May Be Litigated As A Class Action": Tim Bishop and Chad Clamage have this post at Mayer Brown's "Class Defense" blog. [read post]
On April 11, 2016, the Fourth Circuit Court of Appeals upheld a ruling by the Eastern District of Virginia that two Commercial General Liability (“CGL”) insurance policies required an insurer cover the defense of a medical records company in a class-action claim relating to alleged failure to secure patients’ medical records.[1] The Class Action and the Coverage Dispute On April 18, 2013, a class action was filed in… [read post]
7 Feb 2013, 5:58 am by Wystan M. Ackerman
  Espenscheid was a hybrid of a class action suit and a collective action under the Fair Labor Standards Act. [read post]
11 Nov 2009, 4:08 am by Michael J. Hassen
Defense attorneys moved to dismiss the class action on the grounds that the state law claims were preempted by the Securities Litigation Uniform Standards Act of 1998 (SLUSA); the district court agreed and dismissed the class action complaint. [read post]
23 Apr 2008, 4:54 am
Defense attorneys removed the class action to federal court asserting removal jurisdiction under the Class Action Fairness Act (CAFA) and the Multiparty Multiform Trial Jurisdiction Act (MMTJA). [read post]
  Accordingly, employers faced by putative wage hour class or collective actions in forums where they do not have significant contacts to justify personal jurisdiction should clearly consider asserting such a defense by early motion. [read post]
27 Mar 2013, 5:00 am by Beth Graham
Consequently, because a class action was plainly a form of civil action that could be brought in court, the clause must have been intended to prohibit court adjudication of class litigation, but intended to permit class arbitration. [read post]
17 Dec 2007, 4:14 am
The Ninth Circuit agreed with defense counsel that class action redress of injunctive and declaratory relief is unavailable to former employees and thus "cannot possibly predominate over monetary relief for purposes of certifying this class [action] under Rule 23(b)(2). [read post]
2 Apr 2009, 5:17 am
In part, the defense motion to dismiss argued that the class action allegations failed to meet the heightened pleading requirements of Rule 9(b); plaintiffs argued that Rule 9(b) does not apply to mail and wire fraud claims. [read post]
25 Mar 2011, 1:21 pm by Barry Barnett
  In at least one case, a district court rejected a defense motion to deny class certification under Twombly and Iqbal, holding that the complaint does not “fail[] to plausibly allege fact consistent with a class action. [read post]