Sentences with phrase «against the named plaintiff»

In Sprunk v. Prisma LLC (August 23, 2017), the Court of Appeal (Second Appellate District, Division One) considered whether a defendant in a putative class action can waive its right to compel arbitration against absent class members by deciding not to seek arbitration against the named plaintiff.

Not exact matches

O'Leary himself is named as a «mise en cause,» someone who is not the main defendant but could be included if the plaintiff believes it may be necessary down the line to invoke a judgment against that person.

Henry was named the lead plaintiff among 61 retirees in a suit against Structured Investments in 2005.

A New York City advocacy group for low - income and minority residents filed a lawsuit against JPMorgan Chase Bank last fall for what it says are illegal and exploitative tactics that have cost the two named plaintiffs thousands of dollars in penalty fees it contends they shouldn't have had to pay.

Raymond Abbott's name appeared as lead plaintiff in a court case brought by Camden and several other poor school districts against the State of New Jersey, demanding that the state provide equal funding for all schools.

Not only did defendant adopt the name and imitate the bottles and cartons in use by plaintiff, but at the very beginning, when he started the manufacture and sale of his sauce in competition with the long established business of plaintiff, he printed on his bottle labels a caution to use «only the genuine Evangeline,» thus apparently seeking to create the impression that such «Evangeline» Tabasco Sauce was an old and established brand, against spurious imitations of which the public should be warned.

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

The class - action lawsuit against the Cemeteries Association of Greater Chicago, which represents the cemeteries, and Westlawn Cemetery, an association member, was filed by the Chicago Rabbinical Council and named one plaintiff, Carole Katz of Chicago.

STATEN ISLAND, N.Y. — Of the eight people named as plaintiffs in a lawsuit against Gov. Andrew Cuomo, six are from Staten Island with two from Brooklyn.

«NRA appeals judge's decision against pseudonyms in Parkland lawsuit» via Jim Rosica of Florida Politics — The National Rifle Association is appealing a federal judge's ruling against shielding a plaintiff's name in its litigation against the state's new school safety and mental health law.

My summary of the case is: A trial judge — he wasn't named in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim against the defendant bank and a solicitor for breach of fiduciary duty and negligence.

Settling (while class certification and summary judgment motions were pending) a statewide putative class action filed in San Mateo Superior Court for nuisance value with the named plaintiffs who alleged multiple wage and hour claims (unpaid regular and overtime wages, noncompliant meal and rest periods, untimely payment of final wages, noncompliant itemized wage statements, unpaid / forfeited vacation, and violation of PAGA) against a pharmaceutical supply company's call center;

As this case demonstrates, such an endorsement may still provide protection to an additional insured even where the plaintiff has no direct claim against the named insured.

They've gone up against big - name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well - known cases of the...

If your case is a putative class action, these searches can help determine at the earliest moment whether the named plaintiff has filed other actions, perhaps against other members of your client's industry.

Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the generic form of a drug may bring failure to warn claims against the brand - name manufacturer of the drug if the brand - name defendant acted recklessly by «intentionally fail [ing] to update the label on its drug while knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use.»

Since the case named a government entity as a defendant, the plaintiff's complaint needed to meet certain additional procedural requirements not present in cases against citizens or businesses.

Inc. v. Pestco Co., where the Ontario Court of Appeal granted an injunction against the defendant from using the name «Orkin» in Canada, even though the plaintiff did not actually carry on any business in Canada.

They've gone up against big - name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well - known cases of the past year.

Served as lead counsel for the defendant and obtained reversal by the Seventh Circuit Court of Appeals of a district court's order certifying a 29 - jurisdiction class action alleging consumer fraud by a Fortune 50 retailer, and subsequently successfully moved for dismissal with prejudice of named plaintiff's claims and obtained a nationwide injunction against future attempts to certify a class based on similar allegations.

Conducted witness preparation for depositions and trial and conducted general trial preparation in connection with lawsuit involving dispute over purchase of mineral interests; plaintiffs purported to seek relief against named defendant under theories of breach of oral contract to purchase mineral interest lease, estoppel, reliance, and fraud.

But if a foreign state, though last named, may, nevertheless, be a plaintiff against an individual State, how can it be said that a controversy between a State and a citizen of another State means, from the mere force of the order of the words, only such cases where a State is plaintiff?

Stanford plaintiffs represented by Snyder are seeking at least $ 300 million in compensatory damages and punitive damages in the suit against Adams & Reese, which also names the Breazeale firm and a litigation partner in its Baton Rouge office, Claude Reynaud, Jr., as defendants.

By entering the name of the plaintiff and the plaintiff's law firm, users immediately get an overview of the plaintiff's litigation history including recently filed cases against other, similar defendants; where the plaintiff typically files suit; how much experience its law firm has; and the kinds of clients they typically represent.

The claim against the other named defendants, who played no role in design, manufacture or distribution of the plaintiff's smoke alarm but may have in respect of the other class members, was struck.

Although Justice Roland Haines recognized that there must be a representative plaintiff with a claim against each named defendant, he was not satisfied in the context of a Rule 21 motion that a plaintiff must have a cause of action against each member of a putative defendant class.

However, in Douez v. Facebook, the Supreme Court of Canada has recently held, in a 4 - 3 decision, that Facebook could not enforce that clause against the plaintiff, a British Columbia woman complaining that their use of her photo and name in advertising breached her rights under British Columbia's Privacy Act.

In Ontario a representative plaintiff must have a cause of action against each named defendant: Ragoonanan Estate v. Imperial Tobacco Canada Limited, (2000) 51 O.R. (3d) 603 (S.C.J.) and Boulanger v. Johnson & Johnson, [2002] O.J. No. 1075.

Decertifying the NFL Players Association enabled the players to file antitrust litigation against the owners, which they did late Friday, with superstar quarterbacks Tom Brady, Peyton Manning and Drew Brees among the 10 named plaintiffs.

In some instances a plaintiff may be successful at trial against one defendant, but lose against multiple other defendants who the plaintiff has named and, in the... [more]

3/4/08 - Former defendant Anthony Ciolli filed a lawsuit in Pennsylvania state court against the plaintiffs, their lawyers, and other defendants for wrongful initiation of civil proceedings, abuse of process, libel, slander, false light invasion of privacy, tortious interference with contract, and unauthorized use of name or likeness.

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the federal Fair Credit Reporting...