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Class Action Defense Cases–Brinkley v. Public Storage: In Labor Law Class Action, California State Court Affirms Defense Summary Judgment On Class Action’s Meal And Rest Period Claims Holding Breaks Need Only Be Available
11 Nov 2008, 11:49 am
The trial court granted the defense motion and entered judgment in favor of defendant as to all causes of action in the class action complaint premised on those theories (the third, fifth and sixth causes of action). [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Wells Fargo Class Action Defense Cases–Martinez v. Wells Fargo: Ninth Circuit Court Affirms Dismissal Of Class Action Holding RESPA and UCL Claims Preempted By National Bank Act
19 Apr 2010, 4:53 am
Defense attorneys moved to dismiss the class action, and the district court granted the motion on the grounds that RESPA does not apply to “overcharge” claims and that the class action’s UCL claims were preempted by the National Bank Act and “failed to identify an underlying illegal predicate act. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Wells Fargo Class Action Defense Cases–Martinez v. Wells Fargo: Ninth Circuit Court Affirms Dismissal Of Class Action Holding RESPA and UCL Claims Preempted By National Bank Act
18 Apr 2010, 8:53 pm
” _Id._ Defense attorneys moved to dismiss the class action, and the district court granted the motion on the grounds that RESPA does not apply to “overcharge” claims and that the class action’s UCL claims were preempted by the National Bank Act and “failed to identify an underlying illegal predicate act. [read post]
Class Action Defense Blog - https://www.reallaw.us/posts/
Class Action Defense Cases–Thomas v. Blue Cross: Eleventh Circuit Reverses Denial Of OSC For Contempt Against Absent Class Member Seeking To Prosecute Individual Claims Released As Part Of Class Action Settlement
26 Jan 2010, 8:02 pm
_Id._ The class action settlement required members of the class “release the Blue Cross plans from all claims arising out of or related to matters referenced in the class action and settlement agreement,” _id._, at *1-*2. [read post]
Class Action Defense Blog - https://www.reallaw.us/posts/
BofA Class Action Defense Cases–In re Consumer Privacy: California Appellate Court Affirms Trial Court Approval Of Class Action Settlement And Award Of Attorney Fees Under Clear Sailing Agreement
29 Jul 2009, 9:13 pm
Trial Court did not Err in Approving Class Action Settlement in Class Action Against Bank of America for Invasion of Privacy Arising from Sale of Customer Information to Third Party Marketers and “Clear Sailing Agreement” as to Attorney Fee Award to Class Counsel did not Invalidate Award California Appellate Court Holds Plaintiffs filed a putative class action against Bank of America and related entities alleging inter alia… [read post]
Class Action Defense Blog - https://www.reallaw.us/posts/
Class Action Defense Cases–People United For Children, Inc. v. The City of New York: Second Circuit Affirms Approval Of Class Action Settlement But Remands For Clarification Of Scope Of Class Action Release
15 Dec 2009, 4:05 am
The objectors appealed the order approving the class action settlement, id. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
FLSA Class Action Defense Cases–Luiken v. Domino's Pizza: Minnesota Federal Court Grants Conditional Class Action Treatment To Nationwide Labor Law Class Action Alleging Failure To Pay Minimum Wage To Delivery Drivers
30 Jun 2010, 4:58 am
Defense attorneys countered that individual issues, including the base wages paid each driver, defeat class certification. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
FLSA Class Action Defense Cases–Boucher v. Shaw: Ninth Circuit Affirms Dismissal Of Labor Law Class Action Claims Against Individual Managers But Reverses As To Class Action's FLSA Claims Against Individuals
24 Aug 2009, 4:52 am
Defense attorneys removed the class action to federal court, and moved to dismiss the class action complaint for failure to state a claim. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Class Action Defense Cases–Harper v. 24 Hour Fitness: California State Court Reverses Decertification Of Class Action Holding Trial Court’s Analysis Of UCL Class Action Claims Was "Legally Incorrect"
17 Nov 2008, 11:52 am
In January 2006, defense attorneys moved the trial court to decertify the class, which the trial court granted. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
TILA Class Action Defense Cases-LaLiberte v. Pacific Mercantile Bank: As Matter Of First Impression California Court Holds That Rescission Under Federal Truth-In-Lending Act (TILA) Not Suitable For Class Action Treatment
19 Feb 2007, 4:51 am
Defense attorneys demurred to the class-action complaint on the ground that the class allegations failed to establish commonality; the trial court agreed but granted plaintiffs leave to amend. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Supreme Court to Address Use of Cy Pres Relief in Class Action Settlements Next Term
7 May 2018, 5:44 am by Wystan Ackerman
The Supreme Court recently granted review in a case that involves whether, or in what circumstances, cy pres relief may be used in class action settlements. [read post]
Insurance Class Actions Insider - http://www.insuranceclassactions.com/
Arbitration Class Action Defense Cases–Cicle v. Chase: Eighth Circuit Reverses Denial Of Bank Motion To Compel Arbitration Of Plaintiff's Class Action Claims On Individual Basis Holding Class Action Waiver Enforceable
26 Oct 2009, 4:58 am
Defense attorneys removed for the class action to federal court under CAFA (Class Action Fairness Act of 2005) and on the ground of federal question jurisdiction under the National Bank Act (NBA). [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
TILA Class Action Defense Cases–Jordan v. Paul Financial: California Federal Court Denies Class Action Treatment To TILA Law Class Action Holding Plaintiff Lacks Standing And His Claims Lack Typicality
18 Mar 2009, 5:14 am
Plaintiff’s attorney moved the district court to certify the litigation as a class action; defense attorneys argued against class action treatment. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Guest Post: Improving Securities Class Action Outcomes Through Early Damages Analysis
8 May 2019, 3:00 pm by Kevin LaCroix
To start with, the dismissal rate for securities class actions across all industry classes approaches 50%. [read post]
The D & O Diary - http://www.dandodiary.com/
15 U.S.C. § 1681s-1 – Information on Overdue Child Support Obligations: Statutory Provisions of the FCRA (Fair Credit Reporting Act) for Class Action Defense Attorneys
9 Sep 2006, 7:55 am
As a resource for the class action defense lawyer who defends against class actions under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., we provide the text of the FCRA. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Rules Enabling Act Key to New Ninth Circuit Decision on Class Certification
30 Jan 2023, 8:32 am by Wystan Ackerman
Some class actions attempt to use the class action device to evade obstacles to obtaining individual relief under the applicable substantive law, or to short circuit the substantive law where it requires individualized proof. [read post]
Insurance Class Actions Insider - http://www.insuranceclassactions.com/
Hurricane Class Action Defense Cases-Audler v. CBC Innovis: Fifth Circuit Holds Plaintiff Lacked Standing To Prosecute Class Action Against Companies Unrelated To His Property And Affirms Dismissal Of Class Action Complaint Against Remaining Defendant
13 Mar 2008, 5:03 am
The district court agreed with the defense arguments and dismissed the class action. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Class Action Defense Cases–Desai v. Deutsche Bank: Ninth Circuit Affirms Denial Of Class Action Treatment In Securities Fraud Class Action Case Holding Issue Of Reliance Defeated Predominance Prong Of Rule 23(b)(3)
4 Aug 2009, 9:02 pm
District Court did not Abuse Discretion in Denying Class Action Certification in Securities Fraud Class Action because Reliance Required to Establish Securities Exchange Act § 10(b) Violation could not be Proven on a Class-Wide Basis Ninth Circuit Holds Numerous putative class action complaints were filed against Deutsche Bank alleging securities fraud in the alleged manipulation of the stock price of GenesisIntermedia, Inc. [read post]
Class Action Defense Blog - https://www.reallaw.us/posts/
Class Action Defense Cases-Morgan v. Gay: Third Circuit Holds As Matter Of First Impression That Under CAFA (Class Action Fairness Act Of 2005) Defense Still Bears Burden Of Establishing Amount-In-Controversy
23 Jan 2007, 4:52 am
Defense attorneys removed the class action to federal court under the federal Class Action Fairness Act of 2005 (CAFA), and plaintiff moved to remand the class action to state court. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/
Class Action Defense Cases–Ross v. Bank of America: Second Circuit Reinstates Antitrust Class Action Holding Cardholders Possessed Article III Standing To Pursue Class Action Claims Against Credit Card Issuers
30 Apr 2008, 5:12 am
Defense attorneys moved to dismiss the class action under Rule 12(b)(1) and (b)(6) on the grounds that plaintiffs lacked standing to prosecute the antitrust class action claims, id. [read post]
Class Action Defense Blog - http://classactiondefense.jmbm.com/