Search for: "Class Action Defense"
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8 Jul 2022, 1:23 pm
Bottom Line: The Bowerman case roadmaps a number of potential defenses against independent contractor misclassification class action claims under both California law and Rule 23 of the Federal Rules of Civil Procedure. [read post]
25 Jan 2012, 3:16 pm
”Antitrust Impact on Proposed ClassThe central issue under Rule 23(b) (3) was whether the purchasers could show on a class-wide basis the antitrust impact of the merged entity's actions on the proposed class. [read post]
23 Jan 2013, 6:09 am
Plaintiffs attempted to pursue these claims as a “hybrid” collective action under the FLSA and Rule 23 class action under Wisconsin’s Wage Payment Act. [read post]
7 Apr 2014, 11:50 am
Defense counsel argued there is no principled distinction between a PAGA representative action and a conventional employment class action. [read post]
16 Jan 2007, 5:20 am
Defense attorneys moved to dismiss the action; the federal court agreed with defense arguments that RESPA's one year statute of limitations period had run and granted the motion. [read post]
11 Nov 2009, 8:18 pm
Defense attorneys moved to dismiss the class action complaint for failure to meet the heightened pleading requirements established by the PSLRA (Private Securities Litigation Reform Act), _id._ The district court granted the motion and dismissed the complaint. [read post]
24 Sep 2010, 8:04 am
(Relatedly: Brian Anderson's and Andrew Trask's new book, The Class Action Playbook, arrived in the mail yesterday, and instantly became the best practitioners' guide to class actions out there: I would definitely go to Anderson-Trask now before I go to the often sloppy Newberg treatise. [read post]
18 Dec 2007, 4:37 am
Though the case was not filed as a class action, the ethical issues raised are important not only to class action defense counsel, but to class action plaintiff lawyers as well. [read post]
6 Sep 2007, 2:59 pm
The Defense Perspective on the Rise in Class Arbitration: An interesting new article by two big-firm defense lawyers in Metropolitan Corporate Counsel warns that the drafters of mandatory binding arbitration clauses should be careful what they wish for: "The pervasiveness of arbitration agreements that are silent on the issue of class proceedings . . . ensures that class arbitrations will occur with increased frequency, possibly… [read post]
7 Nov 2007, 4:44 am
Class Action Discovery Disputes Require Creative Approaches to Resolve and Use of Special Master to Resolve Class Action Discovery Issues for Louisiana Federal Court Numerous class action and individual lawsuits have been filed against Merck arising out of its manufacture and sale of Vioxx, and the Judicial Panel on Multidistrict Litigation coordinated the federal cases for pretrial purposes under 28 U.S.C. [read post]
10 Feb 2009, 4:08 am
Defense attorneys answered the putative class action, asserting in part that class action treatment was not warranted. [read post]
1 Mar 2016, 9:00 am
A group of employees filed suit in 2007, alleging a collective action under the FLSA and a Rule 23 class action under state wage law. [read post]
7 Dec 2009, 4:09 am
Defense attorneys for the dredging companies moved to dismiss the class action claims against the Contractor Defendants on the grounds that they had government-contractor immunity. [read post]
22 May 2014, 2:17 am
Accordingly, there may very well be some strong defenses to class certification in these cases, which, of course, will be based on the facts of the underlying policy and a retailer’s actions. [read post]
3 Jun 2008, 5:01 am
Defense attorneys moved to dismiss the class action, id. [read post]
18 May 2009, 5:05 am
The class action sought rescission and damages, id., at *1. [read post]
25 Feb 2019, 3:20 pm
Securities Class Action Litigation: Alarm Bells and Reform Proposals appeared first on The D&O Diary. [read post]
19 Mar 2007, 10:00 am
CLASS ACTIONS SAVE LIVES AND PROTECT OUR RIGHTS Class actions have historically been among the most powerful tools to secure justice in America. [read post]
29 Jul 2008, 12:10 pm
Class Action Plaintiffs Failed to Establish Likelihood of Success on the Merits of ERISA Violations Alleged in Class Action Complaint so District Court Properly Denied Request for Preliminary Injunction that Sought to Enjoin Employer from Implementing Changes to Benefit Plan Fifth Circuit Holds Plaintiffs, retired employees of Alcatel USA, filed a putative class action against Alcatel alleging violations of ERISA (Employee Retirement Income… [read post]
8 Apr 2010, 5:00 am
This is a class-action lawsuit on behalf of about 10,000 homeowners and is the first filed to try and get to the bottom of the issue since the Department of Health has been slow to recognize and identify the problem. [read post]
