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1 Mar 2010, 8:07 pm
Plaintiff moved the district court to certify the litigation as a class action; defense attorneys opposed class action treatment on the ground, _inter alia_, that plaintiff failed to establish the predominance and superiority requirements for a Rule 23(b)(3) class. [read post]
7 Sep 2009, 8:51 pm
Trial Court Order Denying Class Action Treatment not Appealable because not “Final Judgment” so Court of Appeals Erred in Exercising Appellate Jurisdiction to Review Order Denying Class Action Certification Arizona Supreme Court Holds Plaintiff filed a putative class action in Arizona state court against his former employer, Swift Transportation, a trucking company, alleging labor law violations; specifically, the class… [read post]
17 Dec 2009, 9:02 pm
Judicial Panel Grants Plaintiff Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. [read post]
8 Dec 2009, 7:50 pm
Class Action Alleging Employer Misclassified Managers as Exempt and Failed to Pay them Overtime Wages Properly Decertified as Class Action because Amount of Time Spent on Managerial Duties Required Individual Inquiry and because “Individualized Issues of Liability and Damages will Predominate” California Appellate Court Holds Plaintiffs filed a putative class action against their employer, Tuesday Morning, alleging violations of… [read post]
9 Dec 2009, 8:05 pm
Illinois Appellate Court Holds Motion to Compel Arbitration of Individual Claims in Class Action Complaint Alleging Violations of Various Consumer Protection Laws, based on Arbitration Clause Containing Class Action Waiver, Properly Denied because Agreement Required Disputes be Heard by National Arbitration Forum which no Longer Conducted Consumer Arbitrations Plaintiffs filed a putative class action in Illinois state court against Gateway,… [read post]
10 Sep 2008, 12:21 pm
Pursuant to the Class Action Fairness Act (CAFA), defense attorneys removed the lawsuit to federal court, id., at 422. [read post]
29 Jun 2022, 7:56 am
Of those that have been published, most have favored the defense. [read post]
30 Aug 2007, 5:55 am
On October 13, 2006, the trial court denied plaintiffs’ motion to certify the litigation as a class action holding (1) “issues such as the specific receipt of and consent to receive a facsimile transmission by each class member were not common issues,” id., at 2-3, and (2) class action treatment was not appropriate “because when Congress enacted the TCPA, it envisioned individual, small claims litigation, not… [read post]
12 Dec 2011, 5:00 am
Avid readers of this blog who follow developments in life insurance class actions will recall my posts earlier this year about cases claiming that life insurers improperly used “checkbook” accounts whereby, instead of issuing a check to a beneficiary for the full amount of the policy proceeds, they provide an interest-bearing account from which the beneficiary can withdraw some or all of the benefits at any time. [read post]
9 Mar 2007, 11:06 am
Class Action Lawsuits did not Warrant Pretrial Coordination Pursuant to 28 U.S.C. § 1407 Judicial Panel on Multidistrict Litigation (MDL) Holds Three class action lawsuits were filed in Indiana and California against New Century Financial, New Century Mortgage and Home123; Indiana plaintiffs' lawyer moved the Judicial Panel on Multidistrict Litigation (MDL) to centralize the lawsuits for pretrial purposes in the Northern District of Indiana, but… [read post]
20 Aug 2009, 5:17 am
Defense attorneys removed the class action to federal court under the Class Action Fairness Act (CAFA), but the district court granted plaintiffs’ motion to remand the class action to state court. [read post]
9 Aug 2009, 8:46 pm
A separate class action was filed against UPS that was ultimately consolidated for all purposes with the initial action. [read post]
9 Sep 2009, 5:02 am
Defense attorneys removed the class action to federal court under the Class Action Fairness Act (CAFA), but the district court granted plaintiff’s motion to remand the class action on the ground that Motricity failed to show the requisite $5 million amount in controversy. [read post]
3 Aug 2017, 1:28 pm
You can click here to see a description of the some of the many individual and class-action consumer cases our Chicago consumer lawyers have handled. [read post]
10 Oct 2013, 1:44 pm
In a recent class action lawsuit, Ganley Chevrolet and Ganley Automotive Stores, tried to force a consumer class action lawsuit against them into arbitration. [read post]
11 Aug 2006, 9:33 am
In Cooper, a district court entered judgment in favor of class action plaintiffs, concluding that IBM's pension plan violated ERISA's prohibition against age discrimination, but the Circuit Court agreed with defense attorneys that the plan was not age discriminatory and reversed. [read post]
18 Nov 2008, 12:04 pm
The class actions were consolidated, and the district court ordered that plaintiffs file their motion for class action certification by February 15, 2008. [read post]
15 Sep 2009, 4:56 am
Originally a class action was filed on behalf of a nationwide class asserting “substantially similar claims,” but the district court denied class action treatment in that case. [read post]
10 Apr 2007, 6:28 am
Defense attorneys and plaintiffs in the class action opposed intervention; the district court denied leave to intervene and the proposed intervenors appealed. [read post]
15 Nov 2007, 4:01 am
The presumption under the PSLRA that a particular class action plaintiff is the most adequate representative may be rebutted if the proposed lead plaintiff “is subject to unique defenses that render such plaintiff incapable of adequately representing the class. [read post]
