Sentences with phrase «as a class action under»

(The suits are referred to as a mass action because they involve multiple suits that raise similar claims, but they don't seek to be certified as a class action under the federal rules of civil procedure.)

Not exact matches

As Reuters notes, Equifax has said it is under investigation by every state attorney general and faces more than 240 class action lawsuits.

The suit also challenges DOL's oversight of IRAs as well as the rule's creation of a «private right of action» to bring class - action lawsuits under the best interest contract exemption, which Scalia called «one of the most troubling aspects» of BICE.

[107] This class action lawsuit was filed in 1994 with Selma Buycks - Roberson as lead plaintiff and alleged that Citibank Federal Savings Bank had engaged in practices forbidden under the Equal Credit Opportunity Act and the Fair Housing Act.

Under the EziBuy proposal, class action shareholders would receive a convertible note convertible into shares estimated to be worth between $ 6 million and $ 20 million and issued at the time of a liquidity event such as an IPO or trade sale of EziBuy.

A newly filed class action lawsuit seeks a hard fork of the Nano network in order to make whole customers of the BitGrail cryptocurrency exchange whose holdings in Nano tokens, or RaiBlocks (XRB) as they were known at the time, were stolen while under the marketplace's custodianship.

«As to whether they are a current shareholder [in Treasury Wine Estates] I don't know but they are a shareholder who under the funding agreement and the class action is run is a shareholder that bought shares in the period [August 17 2012 and July 14 2013].»

X-Men: Apocalypse is officially confirmed to not only wrap up the trilogy that started with X-Men: First Class in 2011 and continued on in 2014's X-Men: Days of Future Past, but also the entire franchise as we know it, under the guiding hand of producer Bryan Singer, who has directed four of the seven live - action movies.

The ruling heightens the risk, particularly for credit counseling agencies doing business in the First Circuit (encompassing Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island), that their activities, especially their DMPs and less - than - full balance repayment programs, may trigger coverage under CROA and give rise to class action litigation, forcing them — at great expense — to prove that they are actually operating as bona fide nonprofit organizations (in order to be exempt from CROA, particularly for what has transpired in the past), or, alternatively, to comply with CROA's requirements prospectively.

[1] Put differently, if, as the courts have repeatedly stated, [2] the class action is only a procedural device that does not alter the substantive law, has the payment of settlement monies to non-parties expanded the remedial choices normally available to a wronged party under either the common law or statute?

Immediate Need: The Committee learned from its hearings that there is an immediate need to clarify certain legal terms used under the Canadian Human Rights Act, and to clarify procedures of «class action» as they relate to complaints made to the Human Rights Commission.

Judgments in areas of law under provincial jurisdiction might also be translated if they deal with principles similar to those applied in analogous areas of law in common law provinces, such as youth protection, labour law, or motions for leave to bring class actions.

This morning, the National Law Journal is reporting on a class action filed in California, claiming that Facebook is using names and images of minors for advertising purposes without getting parents» permission as required under California law.

The Respondent, as an individual owner, could not bring such an action and was therefore not barred under section 41 (a) of the Class Proceedings Act.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

As Lyle Denniston discussed in this analysis at SCOTUSBlog, the 5th Circuit threw out a class action against various banks and brokerage firms for transactions related to Enron's defrauding of investors, finding that «the banks and brokerage firms had not engaged in a «deceptive act» under securities fraud law.

Mr. Moreno has acted as lead associate in complex securities fraud class actions under Section 10 (b) of the Exchange Act of 1934 and has defended derivative claims involving California, Nevada, and Delaware corporations.

In fact, sometimes such practices — as well as some employers» consistent refusal to allow employees the meal or rest breaks to which they are entitled - are so prevalent that a large group of employees may join together in a class action lawsuit to assert their right to fair wages under the law.

She serves as a monitor under class action consent decrees / settlement agreements for the federal government.

In Allen v. Aspen Group Resources Corporation, Strathy J. refused to summarily dismiss a class action against a law firm, and held that the law firm may be vicariously liable under the Partnership Act for alleged breaches of s. 131 of the Securities Act by one of its partners in his capacity as a corporate director.

Moreover, as the OPC is in the process of reviewing submissions on its call for input on the issue of consent under the Personal Information and Electronic Documents Act, a more fundamental question remains: Assuming the allegations in the class action complaint are true, given the nature of the product in question, how could any company ever think it would be reasonable to assume that the average consumer would actually consent to having sensitive personal information, such as vibrator settings, collected, used and stored by a third party, even with a more robust privacy notice?

With extensive experience in state and federal courts, before administrative agencies, and in arbitrations, Bran defends single and multi-plaintiff claims, as well as class and collective actions, under the FLSA, ADA, Title VII, FMLA, ADEA, NLRA, and New York Human Rights and Labor Laws.

Stephen E. Goldman, the firm's managing partner, has served as counsel for insurers in many significant property insurance and class action cases, including Standard Fire v. Knowles, 133 S. Ct. 1345 (2013)(holding that the plaintiff's stipulation can not defeat federal jurisdiction under the Class Action Fairness Act) and Travco v. Ward, 736 S.E. 2d 321 (Va. 2012)(affirming the trial court's judgment that property insurance policies do not cover losses caused by the presence of Chinese drywclass action cases, including Standard Fire v. Knowles, 133 S. Ct. 1345 (2013)(holding that the plaintiff's stipulation can not defeat federal jurisdiction under the Class Action Fairness Act) and Travco v. Ward, 736 S.E. 2d 321 (Va. 2012)(affirming the trial court's judgment that property insurance policies do not cover losses caused by the presence of Chinese dryaction cases, including Standard Fire v. Knowles, 133 S. Ct. 1345 (2013)(holding that the plaintiff's stipulation can not defeat federal jurisdiction under the Class Action Fairness Act) and Travco v. Ward, 736 S.E. 2d 321 (Va. 2012)(affirming the trial court's judgment that property insurance policies do not cover losses caused by the presence of Chinese drywClass Action Fairness Act) and Travco v. Ward, 736 S.E. 2d 321 (Va. 2012)(affirming the trial court's judgment that property insurance policies do not cover losses caused by the presence of Chinese dryAction Fairness Act) and Travco v. Ward, 736 S.E. 2d 321 (Va. 2012)(affirming the trial court's judgment that property insurance policies do not cover losses caused by the presence of Chinese drywall).

We also defend title insurance underwriters in consumer class actions, and serve as national counsel for a major title insurance underwriter defending claims asserted under closing protection letters.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

Under his leadership, the Legal 500 has recognized Cohen Milstein as a Leading Plaintiff Class Action Firm for seven years in a row and Law360 selected the Antitrust Practice Group as a Competition Law Practice Group of the Year in 2013 and 2014.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

He has represented employers in all aspects of employment law before state and federal agencies and courts, including wage and hour collective / class actions under the Fair Labor Standards Act (FLSA), Title VII discrimination and sexual harassment, as well as actions under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and state workers compensation laws.

In certifying the class action against the settling defendants, Perell J. noted that even in situations where certification is sought for settlement purposes, all of the criteria for certification under s. 5 (1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settlemeclass action against the settling defendants, Perell J. noted that even in situations where certification is sought for settlement purposes, all of the criteria for certification under s. 5 (1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settlemeClass Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settlements).

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of acclass proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of acClass Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

The class action, which was filed in Quebec City and authorized on February 8, 2017 by the Quebec Court of Appeal, is intended to establish that Université Laval and its employees, as part of their teaching and research activities, infringed the patrimonial and moral rights recognized under the Copyright Act by reproducing copyrighted literary, dramatic and artistic works, making them available and communicating them to the public without permission from the copyright owners or their representatives, by failing to identify the creators of the work and by infringing the integrity of the work.

Kristine Maher represents corporate clients in a variety of commercial litigation matters, including Employee Retirement Income Security Act (ERISA) litigation and class action cases involving claims under various state consumer protection laws and federal laws such as the civil Racketeer Influenced and Corrupt Organizations (RICO) Act.

Weil has an excellent track record in defending complex, multi-plaintiff actions, including proceedings before the Judicial Panel on Multi-District Litigation (MDL) and under various state multi-district litigation statutes, as well as class and collective actions in state and federal courts around the United States.

The class action, which was authorized by the Quebec Court of Appeal on February 8, 2017, is intended to establish that Laval University and its employees, as part of their teaching and research activities, infringed rights recognized under the Copyright Act.

Drawing upon some of the materials embedded in the social justice accounts of tort law, [16] Part IV clarifies why creating an intermediate retributive sanction under the right safeguards to the tort system is a superior way of punishing and preventing misconduct than strictly relying on compensatory damages, class actions for compensatory damages, extra-compensatory damages for victim - vindication, the criminal justice system as we know it, or even a privately enforced criminal justice system.

Pro-Sys sought certification of the action as a class proceeding under British Columbia's...

Most commentators regard the decision of the Ontario Court of Appeal as making it easier for plaintiffs to have their class action lawsuits certified when claiming damages under the Competition Act.

What gives rise to the class action is that these individuals are characterized as independent contractors, and thereby benefits under the Employment Standards Act such as vacation pay, public holiday pay, overtime, and compensation for improper remittances.

To the financial regret of those behind the class action, the USCA held the fact that the iPod could have been designed to not play as loud wasn't an actionable complaint sufficient under applicable laws.

At this point, the company is under investigation in several countries for alleged planned obsolescence, and is sent to court as part of a growing number of class - action lawsuits claiming it slowed down iPhones on purpose without users» consent.