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29 Jan 2007, 11:38 am
In many class action cases, defendants succeed in convincing the court that the representative plaintiff who filed the class action would not be a suitable class representative. [read post]
7 Sep 2006, 6:05 am
As a Matter of First Impression in Seventh Circuit, Court Holds that Class Action Fairness Act of 2005 (CAFA) Shifts Burden to Plaintiff to Establish Exceptions to Federal Court Jurisdiction After plaintiff filed a putative labor law class action against FedEx in Pennsylvania state court, defense attorneys removed the case to federal court under CAFA (Class Action Fairness Act of 2005). [read post]
17 Apr 2012, 2:27 pm by Wystan M. Ackerman
  (Although sometimes this happens the other way around, perhaps because plaintiffs’ lawyers think the smaller insurers will have less familiarity with class actions and hire less qualified defense counsel, and will try to obtain favorable rulings they can then use against the larger carriers.) [read post]
4 Nov 2013, 6:52 am
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. [read post]
4 Nov 2013, 6:52 am
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. [read post]
26 Nov 2014, 1:45 am by Andrew Trask
Back when the Dukes class action was before the Supreme Court, journalists and academics wrote a number of pieces—some longer, some shorter—about whether a class action could be too large. [read post]
25 Nov 2008, 12:07 pm
In response to a defense motion to dismiss the amended class action, the federal court again concluded that all but one of the named plaintiffs lacked standing to prosecute the action, id. [read post]
7 Aug 2008, 12:16 pm
Defense attorneys moved to dismiss the class action claim for lack of subject-matter jurisdiction because (1) the class action sought “damages,” not “benefits,” and (2) plaintiffs were not “participants” entitled to sue for breach of fiduciary duty. [read post]
10 May 2010, 4:46 am
The Judicial Panel on Multidistrict Litigation eventually consolidated the class action with similar class action lawsuits brought by other charterers. [read post]
2 Aug 2009, 8:49 pm
Fla. 2008)” and then this class action was filed in an “attempt[] to address the defects identified in Clausnitzer by limiting the scope of the class…. [read post]
6 Oct 2016, 4:22 pm by Kevin LaCroix
If companies seeking to settle a securities class action lawsuit must also deal with settlement opt-outs, that means that the company will incur additional defense expenses and may require additional amounts in order to resolve the separate opt-out claims. [read post]
25 Mar 2008, 5:16 am
Defense attorneys demurred to the class action complaint in part on the ground that the state law claims were preempted by the federal Food, Drug, and Cosmetic Act (FDCA), which precludes private enforcement; the trial court agreed and dismissed the class action. [read post]
6 Nov 2007, 5:02 am
Defense attorneys moved to strike from the class action complaint the prayer for restitution and any reference to restitution: “The motion was predicated on a single sentence from [Korea Supply Co. v. [read post]
3 May 2011, 5:00 am by Kimberly A. Kralowec
He said he expects to see a rise in mass tort cases to make up for the curb in class actions. [read post]
28 Oct 2013, 10:05 am
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. [read post]