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26 Mar 2018, 4:29 pm
As a threshold issue, the Court found that plaintiff/appellant DCOP’s CEQA challenge was not barred by failure to exhaust administrative remedies, even though it failed to raise its CEQA arguments in its administrative appeal or any written materials submitted to the City. [read post]
26 Mar 2018, 4:24 pm
One might also expect some horse trading among plaintiffs firms: “We’ll pursue only the ’34 Act claim in federal court, if you agree not to challenge us for the lead, and you get to litigate in state court on the ’33 Act claim. [read post]
26 Mar 2018, 9:30 am
And of course, such actions can lead to a host of other legal concerns in addition to anti-trust issues. [read post]
26 Mar 2018, 8:51 am
., __ F.3d __, 2018 WL 1414907 (Mar. 22. 2018), addressed whether the lead plaintiff in a putative TCPA class action was bound to an arbitration agreement. [read post]
22 Mar 2018, 10:00 am
They contain wires (known as leads) that are connected to the patient’s heart. [read post]
21 Mar 2018, 4:11 pm
Readers of this blog will not be surprised to learn that among the next things that happened is that plaintiffs’ lawyers filed a securities class action lawsuit. [read post]
19 Mar 2018, 12:09 pm
Accordingly, it is well established that if class certification is later deemed improvident, the district court may decertify a previously certified class. [read post]
19 Mar 2018, 12:09 pm
Accordingly, it is well established that if class certification is later deemed improvident, the district court may decertify a previously certified class. [read post]
19 Mar 2018, 11:02 am
Abortion was also common – and legal – in England in the years leading up to the American Revolution. [read post]
17 Mar 2018, 5:56 pm
[Thanks to Tom Rutledge for the lead.] [read post]
15 Mar 2018, 9:54 pm
In addition to winning the antitrust lawsuit, class action plaintiffs must also achieve class certification. [read post]
15 Mar 2018, 9:54 pm
In addition to winning the antitrust lawsuit, class action plaintiffs must also achieve class certification. [read post]
14 Mar 2018, 11:02 am
Perhaps relatedly, the number of settlements involving institutional investor lead plaintiffs also declined; the proportion of settlements with a public pension fund lead plaintiff was at its lowest level in ten years in 2017. [read post]
14 Mar 2018, 4:00 am
The parties did not dispute that the American Pipe rule tolled the running of the statute of limitations for all unnamed plaintiffs in two prior class actions, or that after class certification was denied in those earlier cases, the unnamed plaintiffs could file new individual lawsuits. [read post]
14 Mar 2018, 4:00 am
The parties did not dispute that the American Pipe rule tolled the running of the statute of limitations for all unnamed plaintiffs in two prior class actions, or that after class certification was denied in those earlier cases, the unnamed plaintiffs could file new individual lawsuits. [read post]
13 Mar 2018, 6:40 am
The plaintiffs alleged that Diet Coke causes weight gain, but the court found that the studies cited by the plaintiffs were not sufficient to show causation, and also found that the reasonable consumer would understand that Diet Coke could only lead to weight loss “as part of an overall sensible diet and exercise regimen dependent on individual metabolism. [read post]
13 Mar 2018, 6:40 am
The plaintiffs alleged that Diet Coke causes weight gain, but the court found that the studies cited by the plaintiffs were not sufficient to show causation, and also found that the reasonable consumer would understand that Diet Coke could only lead to weight loss “as part of an overall sensible diet and exercise regimen dependent on individual metabolism. [read post]
12 Mar 2018, 10:11 am
Watson was out of state at the time of the transgression, leading him to bring a putative class action in Texas state court to challenge Chapter 707 and the ordinances enacted under its authority. [read post]
12 Mar 2018, 8:06 am
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]
12 Mar 2018, 3:27 am
The lead plaintiff in the multiple Pokoik litigations met partial success at least in some of them. [read post]