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8 Jul 2010, 4:54 am
Bankruptcy Court had Jurisdiction to Certify Debtor-Class Action Against Wells Fargo but Prerequisites for Class Action Certification under Rule 23(b) were not Satisfied, Particularly with Respect to Damages Fifth Circuit Holds The three named plaintiffs in this action (Judy Wilborn, Karlton and Monica Flournoy, and Judy Martin) filed Chapter 13 bankruptcy petitions in Texas. [read post]
23 Jan 2018, 9:49 am by Gerald Maatman, Jr.
  Over the past few years, the country’s highest court has issued a number of rulings that impacted the prosecution and defense of class actions in significant ways. [read post]
2 Oct 2008, 11:51 am
Labor Law Class Action Erroneously Decertified because Evidence Submitted by Class Action Plaintiffs Concerning Nationwide Practices was Relevant to Predominance of Class Action Claims of Massachusetts Employees Supreme Judicial Court Holds Plaintiffs filed a putative class action against their former employer, Wal-Mart, alleging labor law violations; the class action complaint alleged that Wal-Mart… [read post]
22 Aug 2017, 8:14 pm by Wolfgang Demino
Class-Certification Requisites[12] All class actions must satisfy the four threshold requirements contained in Texas Rule of Civil Procedure 42(a): (1) numerosity ("the class is so numerous that joinder of all members is impracticable"); (2) commonality ("there are questions of law or fact common to the class"); (3) typicality ("the claims or defenses of the representative parties are typical of the claims or… [read post]
11 Aug 2015, 8:00 am by Gregory J. Brod
  Although there are substantial differences between federal class actions and class actions in California state courts, the basic reason for the class action remain the same. [read post]
22 Feb 2008, 12:42 pm
On Monday, February 11th, and Thursday, February 21st, two related class actions were filed in the Court of Chancery against the directors of Yahoo! [read post]
22 Sep 2009, 5:08 am
Defense attorneys moved to decertify the litigation as a class action, arguing that in light of the statutory cap on damages awardable under FDCPA class actions, the de minimis recovery awaiting class members defeated the “superiority” prong of class certification. [read post]
21 Oct 2009, 5:00 am
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]
1 Jul 2013, 12:20 pm by Jonathan Bailey
Circuit Court of Appeals has thrown out the class action status previously given to the Authors Guild, saying that the judge was premature in granting it and that the judge should first analyze Google’s fair use defense before making such a determination. [read post]
22 Jul 2009, 9:13 pm
Class Action Counsel Obtained Significant Benefit through Class Action Settlement Following 10-Year Litigation but Requested Multiplier was Excessive given Billing Rates of Class Counsel, Warranting Multiplier of 1.5 rather than 1.79 as Requested New York Federal Court Holds Plaintiff filed a class action in New York state court against his automobile insurance company following its payment of insurance benefits that allegedly “did… [read post]
12 Apr 2021, 5:55 am
The closely-watched case raises a host of important issues concerning the substantive and procedural requirements for certifying a securities fraud class action. [read post]
29 Oct 2019, 7:10 am by Aditi Shah
Rule 23(a) sets out four requirements that must be met in order for a person or party to establish a class action: “(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the… [read post]
14 Jun 2012, 6:00 am by Wystan M. Ackerman
Class action plaintiffs’ attorney Thomas Sobol recommended that CAFA be amended to make it easier for single-state class actions to remain in state court. [read post]
18 Apr 2008, 6:03 am
The Panel also agreed with the defense request to transfer the class actions to the Northern District of Ohio, id., at 3.Download PDF file of In re Gadolinium Contrast Dyes Transfer Order [read post]