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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]
18 May 2007, 6:20 am
Judicial Panel Grants Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. [read post]
21 Jul 2008, 12:05 pm
Class Member Failed to Timely Opt Out of Class Action Settlement, and District Court did not Err in Refusing to Extend Opt-Out Deadline because Party Received Notices of Class Action Settlement and Evidence did not Establish Excusable Neglect in Failing to Timely Opt Out Fifth Circuit Holds Two class action lawsuits were filed against Bank of America and Banc of America Securities (collectively BofA) based on the collapse of Enron;… [read post]
18 Apr 2011, 8:01 am
In this post, we will explore the basic concepts of a class action lawsuit. [read post]
20 Apr 2010, 5:03 am
Defense attorneys moved to dismiss the class action, id., at 4. [read post]
6 May 2009, 5:05 am
Accordingly, the Circuit Court vacated the district court order dismissing the class actions and remanded the class actions for further proceedings. [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]
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]
3 Oct 2008, 12:36 pm
Production of Documents to Regulators Pursuant to Confidentiality Agreement Constituted a Waiver of Attorney-Client/Work Product Doctrines Entitling Class Action Plaintiffs to Documents in ERISA Class Action Maryland Federal Court Holds Plaintiffs, former employees of Scudder/Deutsche Former who had participated in defined contribution retirement plans, filed a class action against various defendants for violations of ERISA (Employee… [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]
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]
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]
28 Jan 2013, 7:52 am
• How the sluggish U.S. economy during 2012 fueled more class action and collective class action litigation and how this trend will continue in 2013. [read post]
26 Feb 2013, 6:59 am
• How the sluggish U.S. economy during 2012 fueled more class action and collective class action litigation and how this trend will continue in 2013. [read post]
7 Apr 2008, 5:03 am
The defense motion to dismiss the class action advanced two main arguments. [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]
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]
14 Jan 2013, 5:34 am
Concepcion had a profound influence in shaping the course of class action litigation rulings in 2012, beginning a new wave of creative case law theories that will continue to evolve and impact employers in the defense of their cases in 2013. [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]
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]
