Search for: "Class Action Defense"
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29 Dec 2020, 4:23 am
Then, a class action ensues. [read post]
22 Mar 2016, 1:37 pm
In making these and other arguments, Tyson Foods sought a broad ruling prohibiting the use of statistical evidence in class actions. [read post]
21 Dec 2010, 1:40 pm
Suppose, in addition, that the company acted unethically (or incorrectly believed it had a valid defense) and refused to return the overcharges. [read post]
18 Apr 2011, 8:01 am
In this post, we will explore the basic concepts of a class action lawsuit. [read post]
3 Feb 2007, 1:27 am
Nor still does it discuss whether the defendant argued that a unique defense exists for those class members who paid the costs based on the voluntary payment doctrine. [read post]
24 Jun 2019, 7:44 pm
”[9] If there is verifiable absence of indirect price impact in a securities class action complaint, then directors and officers ought to expect an efficient and successful defense that negates class action treatment. [read post]
21 Aug 2008, 12:01 pm
As part of the “same overall settlement,” Nortel settled a separate action securities class action lawsuit (Nortel II); the terms of that class action settlement involved common stock also valued at more than $700 million plus $370 million in cash (roughly $68.5 million less than the Nortel I class action settlement). [read post]
15 Nov 2009, 7:58 pm
Class Action Alleging Denial of Loan Modifications under HAMP (Home Affordable Modification Program) Violate Constitutional Right to Procedural Due Process Unlikely to Succeed on the Merits because Federal Regulations did not Create Property Right in Loan Modifications so Plaintiffs’ Request for Preliminary Injunction Denied Minnesota Federal Court Holds Plaintiffs filed a putative class action against various defendants – including various banks and… [read post]
23 Jul 2008, 12:21 pm
Defense attorneys moved to dismiss the class action complaint under Rule 9(b) for failure to plead fraud with specificity. [read post]
2 Jan 2014, 1:30 am
Adequacy tends to be either overlooked (by pro-certification scholars) or heavily-emphasized (by pro-defense scholars). [read post]
1 Nov 2015, 5:44 pm
” The defenders of the class action regime cite the role of the claimants and their attorneys’ as “private attorneys general” as a defense against these kinds of concerns, and Judge Rakoff notes that “many judges with whom I have spoken have come to believe that, particularly in the civil rights matters …, this rationale has a modicum of truth. [read post]
7 Apr 2008, 5:03 am
The defense motion to dismiss the class action advanced two main arguments. [read post]
11 May 2009, 2:45 pm
Wyly had sought the "right to review documents reflective of Class Counsel's pre-trial investigations related to the Class Actions; all the discovery produced or taken in the Class Actions; and all requests for discovery, indices, summaries, or other materials created by Class Counsel in relation to the Class Actions. [read post]
10 Nov 2022, 6:20 am
Ct. 2190 (2021), victory for the class action defense bar, the District of New Jersey has further clarified the standing requirement for showing concrete harm. [read post]
10 Nov 2022, 6:20 am
Ct. 2190 (2021), victory for the class action defense bar, the District of New Jersey has further clarified the standing requirement for showing concrete harm. [read post]
10 Nov 2022, 6:20 am
Ct. 2190 (2021), victory for the class action defense bar, the District of New Jersey has further clarified the standing requirement for showing concrete harm. [read post]
6 Nov 2008, 12:02 pm
California Legislature Intended Unclaimed Class Action Settlement Funds to be Used Charitably rather than Returned to Defendant California State Court Holds Plaintiffs filed a class action against GTE California (now Verizon) alleging that it “engaged in unfair business practices by improperly billing residential customers for rented telephone equipment. [read post]
13 Aug 2009, 5:05 am
Defense attorneys again moved to dismiss the class action, id., at 3; the district court granted the motion without leave to amend but without prejudice. [read post]
31 Dec 2015, 5:30 am
As discussed below, however, there is a case pending before the Supreme Court this term that could give defense attorneys a powerful procedural weapon to fight class actions under the TCPA and othe [read post]
3 May 2011, 12:14 pm
Federal Rule 23 imposes four requirements for a class action: (1) the class must be so large as to make individual suits impractical, (2) there must be legal or factual claims in common, (3) the claims or defenses must be typical of the plaintiffs or defendants, and (4) the representative parties must adequately protect the interests of the class. [read post]
