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10 Jun 2008, 12:14 pm
Defense attorneys moved to dismiss the class action; the district court granted the motion, holding that no private right of action exists under Arizona law for violations of the insurance licensing statute. [read post]
18 Jan 2013, 11:54 am
SchachtEditors’ Note: This post is being jointly published on BakerHostetler’s Class Action Lawsuit Defense blog. [read post]
8 Jul 2010, 2:12 pm
” A class action lawsuit was launched in 2002 seeking compensation for the Victims of the Woodlands School. [read post]
19 Nov 2009, 4:22 am
Defense attorneys moved to dismiss the class action complaint, id. [read post]
25 Mar 2008, 4:20 am
A class action against various retail grocers alleged that the undisclosed addition of color to salmon misled consumers about its origin, quality, freshness, and flavor. [read post]
28 Mar 2017, 2:34 pm
A recent class action lawsuit filed against the state of Florida by ex-felons claims the state’s law regarding the reinstitution of voting rights for those convicted of felonies is arbitrary, and therefore unconstitutional. [read post]
28 Mar 2017, 2:34 pm
A recent class action lawsuit filed against the state of Florida by ex-felons claims the state’s law regarding the reinstitution of voting rights for those convicted of felonies is arbitrary, and therefore unconstitutional. [read post]
10 Mar 2011, 8:24 am
Though the average dollar value of securities class action settlements approved in 2010 declined slightly compared to 2009, the median settlement amount reached record levels, according to Cornerstone Research’s annual 2010 Securities Class Action Settlement Study. [read post]
28 Jan 2014, 11:10 am
In the past two years we have seen a combination of Supreme Court decisions help create a defensive barrier for employers in class action cases. [read post]
11 Feb 2014, 7:11 am
In the past two years we have seen a combination of Supreme Court decisions help create a defensive barrier for employers in class action cases. [read post]
29 Apr 2009, 11:38 am
In a recent decision in December 2008, the Fifth Circuit Court of Appeals (with jurisdiction over Texas) significantly limited the availability of a valuable defensive tactic regularly asserted by defendants in FLSA collective actions – the offer of judgment under Federal Rule of Procedure 68. [read post]
13 Apr 2009, 4:45 am
The plaintiffs in each class action appealed and the Eleventh Circuit consolidated the class actions, id., at 6-7. [read post]
12 Nov 2009, 4:18 am
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. [read post]
12 Feb 2009, 4:12 am
Defense attorneys for State Farm and two other defendants removed the class action to federal court, asserting removal jurisdiction existed under the Class Action Fairness Act of 2005 (CAFA), id. [read post]
9 Jan 2019, 6:51 am
First, it affirms that plaintiffs and courts must define class claims with a level of specificity that permits employers to gauge the scope of class action liability. [read post]
28 Oct 2014, 6:19 am
The class failed the typicality requirement because defendant had a unique defense against the managers in the class: that if they had required other class members to work off-the-clock, they violated defendant’s policies. [read post]
22 Jan 2013, 2:43 am
For defense lawyers, the takeaway here is simple: the unique nature of property rights means that property-based class actions are almost always a bad idea. [read post]
16 Dec 2013, 10:05 am
Employers also can expect that class action and collective action lawsuits increasingly will combine claims under multiple statutes, thereby requiring the defense bar to have a cross-disciplinary understanding of substantive employment law as well as the procedural peculiarities of opt-out classes under Rule 23 of the Federal Rules of Civil Procedure and the opt-out procedures in FLSA and ADEA collective actions. [read post]
4 Jun 2015, 5:23 am
On June 2, 2015, the United States Court of Appeals for the District of Columbia Circuit ruled that there is no intentional tort exception under the Defense Base Act, affirming the dismissal of a purported class action suit on behalf of a group of 32 plaintiffs who alleged a variety of intentional tort claims in connection with the administration of their Defense Base Act claims. [read post]
18 Jan 2017, 6:40 am
In so ruling, the Supreme Court eliminated a potential defense strategy that employers had used to eviscerate class actions with “pick off” offers to the named plaintiff. [read post]
