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14 Jul 2020, 3:53 pm
  So even though federal court might generally be preferable in a lot of cases, you'd want to think deeply about it in any particular case, especially a class action.Here, you've got a defendant (Harley-Davidson) who removed the case under CAFA, saw the federal judge remand the case back to state court, and then filed an appeal with the Ninth Circuit to keep it in federal court. [read post]
3 May 2010, 10:16 am
 Tiffany & Co. v. eBay Inc., No. 08- 3947 (2d Cir. [read post]
5 Oct 2008, 3:06 pm
Davidson, No. 06-4729-cr (2d Cir. [read post]
6 Feb 2012, 6:48 am by Sean Wajert
 In support of this position, Harley-Davidson relied primarily on Wal-Mart Stores, Inc., v. [read post]
3 Aug 2020, 5:40 pm
Reasonable minds might disagree about whether Judge Ikuta's opinion is correct or whether Judge Christen's dissent has the better of the argument.Regardless, one can't help but leave the opinions with a firm sense that Judge Klausner entered the procedural orders he did here (e.g., denying stipulated agreements to extend a super-rapid class certification deadline) with a firm eye towards making sure that the class never got certified.Whether that's a case-specific preference or… [read post]
31 Jul 2006, 11:58 am
I recently re-read the Eighth Circuit's 2005 decision addressing online gaming, reverse engineering and interoperability (Davidson & Associates v. [read post]