Search for: "New York v. Class"
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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]
23 Aug 2013, 9:36 am
First, last week the Second Circuit granted a petition for leave to appeal the denial of class certification in a wage-and-hour case on behalf of workers at Applebee's restaurants in New York State; in the decision the court of appeals agreed to review, the district court squarely held based on Comcast that the need for individualized damages calculations defeats class certification. [read post]
9 Sep 2019, 12:46 pm
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]
13 Nov 2020, 3:37 pm
That catalyst is the New York Court of Appeals’ ruling in Chavez v. [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]
8 Jan 2013, 6:35 am
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]
21 Apr 2011, 12:30 pm
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]
23 Jan 2015, 11:11 am
In Jeffrey Chiara v. [read post]
20 Jul 2017, 1:53 pm
On July 18, a New York State appellate court – whose jurisdiction covers Manhattan and the Bronx – concluded in Gold v. [read post]
20 Jun 2011, 4:00 am
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]
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]
18 Oct 2013, 10:33 am
—another employment class action from the Northern District of New York. [read post]
24 Apr 2013, 10:09 am
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]
8 Aug 2011, 2:42 pm
Trover Solutions Inc. et al (State of New York, Supreme Court, New York County, Case No. 108804-2011) A lawsuit naming 50 insurers as defendants has been filed in New York Supreme Court, New York County. [read post]
4 Aug 2008, 5:39 am
Public Employee "Class-of-One" Claims Rejected is a well written July 22, 2008 New York Law Journal article about Engquist v. [read post]
27 Apr 2016, 7:00 am
Faurot v. [read post]
17 Oct 2011, 2:15 am
A great example of such a Bribery case in New York is People v. [read post]
14 Mar 2013, 7:57 pm
Arden.In adopting a health regulation limiting the sale of “sugary drinks” to containers no larger than 16 ounces, the New York Board of Health unconstitutionally overstepped its authority under the New York City Charter, according to the New York Supreme Court, New York County (New York Statewide Coalition of Hispanic Chambers of Commerce v. [read post]
31 Mar 2010, 6:41 pm
Co., which considers whether New York's bar on class actions for certain statutory-damages claims (N.Y. [read post]
25 Aug 2009, 4:43 am
Class Action Complaint Satisfied Amount in Controversy and Minimal Diversity Requirements for Removal under Class Action Fairness Act (CAFA), but Remand Warranted because Plaintiffs Met Burden of Establishing Exception to Removal Jurisdiction in that Class Action Related Solely to Securities New York Federal Court Holds Plaintiffs, the holders of mortgage-backed securities certificates issued by various trusts, filed a putative class action… [read post]
