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14 May 2018, 5:27 pm
The lower percentage dismissal rate in IPO cases is consistent with the general view that Section 11 actions (the kind of liability lawsuit plaintiffs typically would filed against an IPO company) are more favorable for plaintiffs, because the IPO entity is said to be “strictly liable” for misrepresentations and omissions in the offering documents, whereas Section 10 cases (the kind of lawsuit typically filed against established listed companies) require… [read post]
14 May 2018, 2:00 pm
For our plaintiffs, and the class members they represent, the chain of events leading to incarceration was the same: They presented themselves to immigration officers, passed screenings, and were found to have credible asylum claims. [read post]
14 May 2018, 9:32 am
Dec. 12, 2011) (plaintiff provided no information about the parties’ negotiations leading to the settlement and insufficient information to determine whether the settlement fell within the range of possible approval); see also O’Connor v. [read post]
14 May 2018, 7:17 am
Rather, the Ninth Circuit stated that courts “may consider whether the plaintiff’s proof is, or will likely lead to, admissible evidence” in deciding “the weight that evidence is given at the class certification stage. [read post]
14 May 2018, 4:24 am
Varela[, which] concerns a threshold issue, when plaintiffs can proceed as a class in arbitration[, and] Frank v. [read post]
10 May 2018, 4:39 pm
In the alternative, the case seeks to recover fees that were paid by inventors and patent owners to the USPTO, such fees having been exacted from Plaintiff and Class members through the AIA—according to the Defendant, these patents were issued erroneously by the USPTO in the first instance and thus all fees should be returned to the Plaintiff and Class members. [read post]
9 May 2018, 3:58 pm
Plaintiffs’ lawyers have continued to file data breach related lawsuits but in the form of securities class action lawsuits. [read post]
9 May 2018, 8:00 am
Plaintiffs’ Arguments Miss the [fill in the blank] One of the justifications and requirements for class treatment is that the plaintiffs’ claims all can be resolved in one stroke. [read post]
7 May 2018, 3:27 am
A May 4, 2018 press release about the settlement by Union Investment, the lead plaintiff in the action, can be found here. [read post]
6 May 2018, 8:35 pm
By Lisa Milam-Perez, J.D. [read post]
5 May 2018, 5:31 pm
Thus, the question is not whether the corporate entity was formed for a fraudulent purpose, but whether removing the entity from the equation would lead to an inequitable result. [read post]
3 May 2018, 6:21 am
Regardless of one’s views on that score, it is difficult to contest that the result of Cyan is, to pick a word, odd: putative class-action plaintiffs can now avoid federal court by asserting solely federal claims under the ’33 Act. [read post]
1 May 2018, 2:19 pm
Since 1989, the leading test in California for distinguishing employees and independent contractors was the multifactor standard set forth in S.G. [read post]
1 May 2018, 2:19 pm
Since 1989, the leading test in California for distinguishing employees and independent contractors was the multifactor standard set forth in S.G. [read post]
1 May 2018, 5:30 am
I guess the sentence “there is no requirement that Quebec government laws speak French” is what leads me to believe that. [read post]
1 May 2018, 4:29 am
Three female associates at Morrison & Foerster have filed an alleged $100 million class-action sex discrimination lawsuit against the firm. [read post]
30 Apr 2018, 2:44 pm
As was the case last year, the lead-off morning session on the first day will feature a panel discussion devoted to CFPB developments. [read post]
25 Apr 2018, 11:23 am
” Leading recent examples include the First Circuit’s Doe v. [read post]
24 Apr 2018, 2:19 pm
Maybe he’s referring to highest possible fidelity, but we have found nothing on the market that doesn’t drop frames and lead to stuttering and other problems. [read post]
23 Apr 2018, 1:20 am
The Reform Act’s provisions apply to federal court class actions brought under the 1933 Act and 1934 Act.[14] Under the Reform Act, lead plaintiffs asserting 1933 Act or 1934 Act claims on behalf of a class are no longer selected based on who wins the “race to the courthouse” – instead, courts must engage in a process to determine which purported class member is “most capable of adequately representing the interests of… [read post]
