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District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claims
15 Jun 2013, 1:20 pm
If other courts follow suit, the effect of this common defense tactic in the class action context will continue to vary by Circuit. [read post]
6 Dec 2013, 9:04 am
Second, the creation of certain procedural road blocks – or avenues of opportunity – to successful pursuit of class action litigation lends to the ever growing arsenal of defense positions that employers can put to good use in workplace class action litigation (or challenges that they need to account for in shaping their defense strategies). [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]
30 May 2014, 4:00 am
Try as they might, defense-side interests failed to achieve their goal of eliminating the class action as a procedural device in misclassification cases involving an exemption defense. [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]
19 Aug 2019, 1:43 pm
” PartsSource filed an answer denying the class action allegations and that the action could proceed as a class action. [read post]
16 Aug 2006, 6:12 am
Class Action Securities Fraud Claims Against Business Partners of Internet Company Failed to Establish § 10(b) Liability for Secondary Actors Plaintiff filed a putative class action against multiple defendants alleging securities fraud arising out of the overstating of revenues of an Internet company. [read post]
3 Sep 2019, 8:33 am
I was told of this survey before I really started focusing on class action defense myself, but I have never forgotten it. [read post]
19 Jun 2012, 3:12 pm
The court highlighted that in class action cases, it possesses a fiduciary duty to members of the class. [read post]
12 Jan 2021, 9:52 am
Class actions arising from consumer products can have classes with hundreds of thousands, or perhaps millions, of putative class members. [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]
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]
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]
13 Aug 2019, 8:59 am
Florida readers may be interested in a class-action lawsuit that was recently brought against Apple. [read post]
25 Feb 2010, 3:27 pm
Defense attorneys moved to dismiss the class actions; the district court found that the Newsome class action allegations were inadequate to state claims, but that the O’Bannon class action adequately alleged violations of the Sherman Act. [read post]
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]
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]
19 Nov 2009, 4:22 am
Defense attorneys moved to dismiss the class action complaint, id. [read post]
30 Sep 2009, 5:11 am
It therefore affirmed the dismissal of the class action, id.Download PDF file of Yeatman v. [read post]
