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18 Jun 2012, 12:45 pm by rhall@initiativelegal.com
Carlisle & Jacquelin, 417 U.S. 156, 178 (1974) (“In determining whether to certify a class action, ‘the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of Rule 23 are met. [read post]
21 May 2018, 2:29 pm by Christopher G. Ward
In the wake of Concepcion, some employers adopted arbitration agreements with class action waivers as potential insulation against wage and hour class action litigation. [read post]
17 Feb 2012, 1:37 pm by jefhenninger
Securities Fraud Class Action Lawsuit Has Been Filed Against Collective Brands, Inc. [read post]
8 Oct 2009, 6:52 am
The faculty is an excellent mix of jurists, defense counsel and plaintiffs' counsel, and the one-day program is very comprehensive, including topics such as class action arbitration and developments in class action settlement law. [read post]
3 Jul 2008, 11:36 am
In part, defense attorneys argued that class action treatment was inappropriate because “each individual’s experience is so intrinsically unique that each individual should have to testify about their experience. [read post]
20 Sep 2009, 1:17 pm
" It asserts claims for direct, contributory, and vicarious copyright infringement, and seeks a declaration (probably superfluous) that Scribd is not protected by the DMCA's safe-harbor provisions.There is already one similar suit pending against Scribd (though not a class action), filed August 25 by a San Diego financial writer named Larry Williams. [read post]
16 May 2017, 5:24 pm by Kevin LaCroix
” In the aggregate, the multi-part series provides an interesting commentary on the current state of securities class action litigation in the United States. [read post]
18 May 2010, 11:41 am
  Defense attorneys, on the other hand, have pointed out that Gentry actually affirmed that in proper circumstances such a waiver will be enforced. [read post]
29 Oct 2014, 2:22 pm by Seyfarth Shaw LLP
  And plaintiffs’ attorneys have increasingly sought to certify multi-state employment class actions. [read post]
24 Mar 2009, 5:14 am
Defense attorneys moved to dismiss the class action; they argued that RESPA is violated “only when fees are charged in exchange for no services at all, not for mere overcharges or excessive fees. [read post]
9 Feb 2009, 3:57 am
Defense attorneys moved to dismiss the class action for failure to state a claim; the district court granted the motion and dismissed the class action, finding that plaintiffs lacked standing to prosecute class action claims on behalf of purchasers of bonds which plaintiffs themselves had not purchased. [read post]
27 Feb 2022, 9:00 am
A successful defense of a mass environmental tort case frequently turns on class certification. [read post]
15 Apr 2009, 8:19 am
Since at least 2007, some in the the mortgage lending industry have been concerned that the federal Home Mortgage Disclosure Act ("HMDA"), which mandates data reporting regarding loan applications and loan terms, would be used by plaintiffs' counsel as supposed evidence of racially biased mortgage lending decisions or mortgage lending terms.Yesterday, while not mentioning HMDA at all, a putative class action was brought in the U.S. [read post]
7 Aug 2009, 5:33 am
Plaintiffs in one of the Pennsylvania 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]
13 Feb 2018, 4:22 pm by Kevin LaCroix
Although comparisons between the Australian class action system and the U.S. system are frequent, there are important differences in class action litigation in the two legal systems, particularly with respect to securities class action litigation. [read post]
6 Oct 2009, 5:09 am
Defense attorneys moved to dismiss the class action complaint on the grounds that the class members lacked standing and that Section 354.4 was unconstitutional because it “violated the due process clause of the United States Constitution and was preempted under the foreign affairs doctrine. [read post]
15 Jan 2008, 7:07 pm
  Steve nails the very issue at which we tried to get -- and at which the defense lawyers who suggested "trial only" counsel for class actions hinted:  Managing risk (defense concern) v. increasing it (plaintiffs' desire). [read post]
25 Sep 2017, 3:32 pm by Wolfgang Demino
Casey, 518 U.S. 343, 357 (1996) ("That a suit may be a class action . . . adds nothing to the question of standing, for even named plaintiffs who represent a class must allege and show that they personally have been injured. . . . [read post]