Search for: "Class Action Defense"
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29 Aug 2007, 5:28 am
Defense attorneys moved to dismiss the class action on the ground that it failed to plead scienter with the requisite specificity under the Private Securities Litigation Reform Act (PSLRA), id. [read post]
11 Nov 2011, 2:08 am
The first step requires satisfaction of Court of Chancery Rule 23(a), which requires the party seeking class certification to demonstrate that: (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… [read post]
25 Jun 2012, 12:53 pm
Dukes to class action wage hour cases. [read post]
3 Sep 2009, 5:03 am
Defendants opposed class action treatment, and defense attorneys for two of the individual defendants again moved to dismiss the class action complaint and filed counterclaims against plaintiffs for “fraud, fraudulent concealment, negligent misrepresentation, fraudulent misrepresentation, and civil conspiracy to commit mortgage fraud. [read post]
28 Sep 2010, 7:53 am
But what's really significant about the stay is the interest the Supreme Court is taking on the tail-wagging-the-dog aspect of class actions, where the procedural Procrusteanism of creating a class ends up depriving defendants of their ability to mount a substantive defense that they would have to individual claims. [read post]
21 Sep 2015, 6:26 am
I was the sole defense lawyer at the conference that represents employers in workplace class action litigation. [read post]
17 Aug 2019, 1:49 pm
Arbitration defenses and other similar defenses that can defeat class certification should be developed and flagged early in every class action. [read post]
1 May 2008, 5:17 am
Plaintiffs filed a motion with the district court for class action certification, arguing that class action treatment was appropriate under Rule 23(b)(2) and 23(b)(3). [read post]
4 Apr 2008, 4:53 am
The Second Circuit agreed with defense attorneys, concluding that the requirements for class action certification under Rule 23(b)(3) could not be met because individual questions predominate. [read post]
29 Mar 2023, 2:15 pm
Moreover, each securities class action mediation also comes with its own set of unique challenges. [read post]
1 Jul 2024, 8:00 am
An MDL is a “sort of” class action lawsuit. [read post]
24 Mar 2014, 5:00 am
The Supreme Court then held that the plaintiff, whose individual claim was moot, could not seek collective action treatment (this is roughly similar to an opt-in class action). [read post]
2 Apr 2014, 9:52 pm
I’ll let you read the Note itself with only two further comments: The Note does a nice job of laying out how one can plan out a class action complaint; which is useful for both plaintiffs’ and defense attorneys. [read post]
11 Dec 2011, 7:01 pm
General Class-Action Requirements Class-action suits must first be certified by the trial court. [read post]
11 Jul 2008, 12:10 pm
Lawyers for plaintiffs in two of the class actions filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. [read post]
27 Mar 2015, 4:15 pm
If the employer can prove it did not violate the law, is this a defense to having a class certified? [read post]
8 Dec 2009, 4:01 am
Defense attorneys moved to dismiss the class action complaint on the grounds that plaintiff lacked standing and that the class action failed to state a claim for relief. [read post]
9 Dec 2013, 6:00 am
A class action lawsuit can mean huge costs for defense and damages. [read post]
7 Feb 2010, 7:56 pm
Class Action Challenging Secret Revenue-Sharing Payments in Purchase of Mutual Funds Fell Within Scope of “Covered Class Actions” under SLUSA (Securities Litigation Uniform Standards Act of 1998) and was Properly Dismissed because State-Actions Exception did not Apply Sixth Circuit Holds Plaintiff filed a putative class action against various Nationwide Life Insurance entities on behalf of employee-participants in his… [read post]
25 Jul 2013, 1:39 am
That's an important point for defense lawyers to remember as they negotiate class action settlements. [read post]
