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14 Feb 2009, 11:56 am
To assert claims on behalf of a class, plaintiffs must show that (1) the class is so numerous that joinder of all members is impracticable (”numerosity”), (2) there are questions of law or fact common to the class (”commonality”), (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class (”typicality”), and (4) the representative parties… [read post]
11 Feb 2012, 8:14 am
Pulitzer Prize-winning journalist and author David Cay Johnston has posted an opinion piece on Reuters providing some advice on “How to avoid a securities class action. [read post]
7 Jul 2008, 10:59 am
The class action procedures provide options for the common issues phase to create subcl [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]
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]
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]
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]
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]
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]
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]
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]
3 Sep 2006, 7:55 am
As a resource for class action defense attorneys who must defend against actions brought under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., we provide the text of the FCRA. [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]
16 Jan 2007, 9:16 pm
A state appellate court has ruled that a lower court prematurely dismissed a putative class action against Merck on behalf of people who used Vioxx for at least six (6) weeks but who have not evidenced any medical problems. [read post]
8 May 2013, 6:23 am
What’s more, the Court said that companies have the unilateral right to ban class actions by inserting class action waivers into these arbitration clauses. [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]
22 Mar 2013, 2:53 pm
While the attack on class and other representative actions continues under the cover of advancing “the liberal policy favoring arbitration,” courts continue to articulate a sensible class action jurisprudence in response to mass wrongs where no particular victim has a rational incentive to seek an individual remedy. [read post]
1 Apr 2014, 9:52 am
Supreme Court class-action developments. [read post]
25 Jan 2012, 2:05 pm
I have written several times about Assistant Manager class actions being quite difficult to defend because these employees often perform a great deal of “subordinate” type work, making the issue of “primary duty” a tricky one. [read post]
