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27 Feb 2007, 5:09 am
Entity that Employed Significant Number of Putative Class Members was an Indispensable Party under Rule 19 of the Federal Rules of Civil Procedure and could not be Joined in Class Action Without Destroying Federal Court Diversity Jurisdiction thus Necessitating Dismissal of Class Action Complaint New York Court Holds Plaintiff filed a putative class action against Clear Channel Communications and Clear Channel Broadcasting for violations of… [read post]
9 Sep 2019, 12:46 pm by Nathaniel G. Foell
Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when deciding a class certification motion. [read post]
6 Apr 2008, 10:30 am
ERISA Class Action Barred by Plaintiff’s Prior Lawsuit Against IBM thus Supporting Defense Motion to Dismiss Class Action New York Federal Court Holds Plaintiff filed a putative class action in New York against his former employer’s pension plan and its administrator alleging violations of ERISA (Employee Retirement Income Security Act of 1974) by failing to pay him plan benefits. [read post]
20 Aug 2013, 9:01 pm by Sherry F. Colb
District Court for the Southern District of New York issued an opinion in Floyd v. [read post]
9 Jul 2019, 10:26 am by Jill L. Rosenberg
Not to be outdone by the New York State legislature’s flurry of eleventh-hour lawmaking (which we previously reported on here and here), the New York City Council recently passed an employment bill pending since April of 2018. [read post]
28 Sep 2023, 2:43 pm by Class Action Defense
District Court for the Southern District of New York District granted conditional certification of a collective class under the Fair Labor Standards Act (“FLSA”) in Ademi v. [read post]
8 Jan 2013, 6:35 am by Wystan M. Ackerman
  But you can read the transcript, and the media coverage on the case, such as the Washington Post article, New York Times article, Insurance Journal piece, Wall Street Journal editorial and Fortune magazine article. [read post]
23 Dec 2011, 10:27 am
Weir contended that the term "person" or "individual" used in the New York discrimination laws should be construed broadly to include partners in the protected class, not just employees. [read post]
21 Apr 2011, 12:30 pm by webmaster
Chemical Bank New York Trust Co., 54 F.R.D. 412 (S.D.N.Y.1972), District Judge Frankel denied class certification in a TILA claim because the potential $13 million award “would be a horrendous, possibly annihilating punishment, unrelated to any damage to the purported class or to any benefit to defendant, for what is at most a technical and debatable violation of the Truth in Lending Act. [read post]
On July 18, a New York State appellate court – whose jurisdiction covers Manhattan and the Bronx – concluded in Gold v. [read post]
3 Mar 2008, 4:09 am
Defense Removal of Class Action to New York Federal Court under CAFA (Class Action Fairness Act of 2005) was not Objectively Reasonable thus Warranting Award of Attorney Fees to Plaintiff Following Remand of Class Action to State Court Plaintiff filed a putative class action lawsuit in New York state court against Circuit City. [read post]
20 Jun 2011, 4:00 am by Ted Folkman
Duoyuan Printing, Inc., a putative class action in the Southern District of New York alleging securities fraud against a Chinese company whose stock trades in the US and is registered with the SEC. [read post]
24 Apr 2013, 10:09 am by Seyfarth Shaw LLP
  Relying on Comcast, a federal judge in the Northern District of New York refused to allow a class action, finding that damages could only be proven individually and that individual damages questions would inevitably overwhelm questions common to the class. [read post]