In Cyan, the court considered whether SLUSA's text and legislative purpose mandated that these cases — if
brought as class actions — must be heard in federal court.
Employment - related claims, particularly in the wage - and - hour area, are increasingly being
brought as class actions or collective actions.
A large proportion of employment civil rights claims are
brought as class actions or with the intervention of the EEOC.
You also agree that no claim subject to these Terms may be
brought as a class action or in any other jurisdiction than English courts.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims can not be
brought as a class action.
Meanwhile, in the Georgia federal court case
brought as a class action against Oasis Legal Finance, Judge Dudley Bowen dismissed one element of the lawsuit, and two other counts remain to be decided - including whether Oasis violated the state's Payday Lending Act.
Not exact matches
Even closer to home for advisors is the
class action lawsuit
brought employees of CheckSmart who are charging that CheckSmart and Cetera Advisor Networks,
as co-fiduciaries, allowed «grossly excessive» fees in a 401 (k) plan whose investments performed poorly over a period of six years.
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.
In challenging their status
as independent contractors, Lyft's drivers were unable to
bring a
class action lawsuit against the app company thanks to an arbitration clause contained in their contract with Lyft.
Further, a Dispute can not be
brought as a
class or other type of representative
action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
In countries in the South, faced with the alliance between international capital, the comprador bourgeoisie and part of the middle
class, the alternative consisted in using joint programmes and
actions to
bring together the different grass - roots groups such
as workers, peasants, the informal sector, movements of the urban poor, co-operatives, minority ethnic groups, and also the vulnerable middle
classes, students, etc..
Then, in 1994, a jury in Alaska ordered Exxon to pay an additional $ 5 billion in punitive damages
as a result of a
class -
action lawsuit
brought by thousands of Alaskan residents.
The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be
brought as a
class arbitration, a
class action, or any other representative proceeding.
Neither party agrees that a Dispute can be
brought as a
class or representative
action outside of arbitration, or on behalf of any other person or persons.
As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a
class -
action basis or
brought by a purported
class representative.
In California, local districts have even gone so far
as to
bring a
class -
action lawsuit to force the State of California to pay for the unfunded mandate called the Common Core Smarter Balanced Assessment Consortium SBAC test.
Judge Cote will preside over the
class action suit
brought by Hagens Berman Sobol Shapiro, a Seattle law firm,
as well
as the antitrust case
brought by the Department of Justice.
The more I look at the fedloan paperwork, the more paranoid I feel... Venting is good but if anyone out there is doing a
class action law - suit or anything that holds these folks accountable and can do justice for us, PLEASE LET ME KNOW
AS WELL!!!!!!!!!!!!! I WANT TO JOIN YOU in
bringing these folks to justice!!!
Helping to usher in the beginning of the revolutionary esports league was actress Michelle Rodriguez,
as she
brought the same passion and intensity that her characters in the Fast and and the Furious and Doom film franchises possess to help kick off the intense
action that was at the center of the 75 world
class battle royale players competing all at the same time.
Imagine, for a moment, if the entire population of New Orleans
brought suit against Peabody, Arch Coal, and ExxonMobil
as a
class action for their part emitting CO2 that «created» Hurricane Katrina, or all the families who lost family members in Katrina charged the companies with wrongful death lawsuits.
By
bringing a mass tort, versus a
class action, the lawyers say the victims are well served
as their medical damages can be assessed on an individual basis.
The students
brought a motion to certify their
action as a
class proceeding pursuant to the Class Proceedings
class proceeding pursuant to the
Class Proceedings
Class Proceedings Act.
What «tort reform» aims to do is to issue, by government decree, that individuals and
classes of people should not be able to
bring civil
actions in certain instances and / or should be limited in the amount they are able to recover by a predetermined structure
as opposed to the judgment rendered by a jury of their peers.
The two consortiums of
class counsel (referred to
as the «Rochon Group» and «Koskie Group»)
brought similar proposed
class actions on behalf of shareholders, albeit on the basis of pleadings that differed, since the Rochon Group relied on broader allegations.
You may only resolve disputes with us or Participating Attorneys on an individual basis, and may not
bring a claim
as a plaintiff or a
class member in a
class, consolidated, or representative
action.
(A separate
class action brought by the National Veterans Legal Services Program and others is challenging PACER fees
as excessive in violation of the E-Government Act of 2002.
A law designed to make it easier to
bring class action suits against companies that mislead investors has all sides frustrated
as it faces its first real - world tests.
Inc. paid out more than US$ 20 million to settle a
class action and consumer protection claims
brought forward by a number of state governments, over the health benefits it attributed to its yogurt and a dairy drink product (In 2013, it settled a similar
class action proceeding in Quebec, where it is known
as Danone Inc., for an estimated $ 1.7 million, without admitting any wrongdoing).
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.
Outside of the United States, many countries have adopted or are considering the adoption of practices that incentivize frivolous lawsuits, such
as opt - out
class actions, contingency fees, and unregulated third party litigation funding,
bringing U.S. - style litigation abuses to foreign shores.
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.
In recognition of her work
as a member of a team of lawyers who
brought an unprecedented civil rights
class action against New York City to end the use of excessive force against inmates at Rikers Island and other New York City jails, Ms. Enenajor was honoured with a 2014 Pro Bono Publico Award by the New York Legal Aid Society.
The «law of multiples» which can take many forms such
as multiple lawyers doing the same type of work (or based on the same guidance) that leads to
class action potential when there's an allegation that they all did it wrong; or the same lawyer is sued over doing the same (alleged wrong) thing multiple times; or a lawyer undertakes many mortgage transactions without considering that there are red flags that need to be
brought to the attention of the lender — such
as a significant increase in the value of the property in a very short period of time or inexplicable credits.
The «law of multiples» which can take many forms such
as multiple lawyers doing the same type of work (or based on the same guidance) that leads to
class action potential when there's an allegation that they all did it wrong; or the same lawyer is sued over doing the same (allegedly wrong) thing multiple times; or a lawyer undertakes many mortgage transactions without considering that there are red flags that need to be
brought to the attention of the lender — such
as a significant increase in the value of the property in a very short period of time or inexplicable credits.
The
action was
brought on behalf of a
class of people defined
as follows: The
action relates to a transaction whereby $ 40,000,000 was taken from the participating policyholders» account of GWLAC and used towards the financing of the acquisition of London Insurance Group Inc. (the parent company of London Life Insurance Company) by GWLAC and Lifeco.
Representing an auditor named
as a defendant in a large securities
class action - both in the
class action court and in insolvency proceedings
brought by the principal
class action defendant.
To the extent that extrinsic restrictions on
class actions — i.e., limits on the ability of representative plaintiffs to appeal certification orders (
as in Baker), and jurisdictional restrictions on
bringing cases in «plaintiff - friendly» jurisdictions (
as in Bristol - Myers)-- were tightened,
class actions will become harder to maintain and litigate.
Alnasir Pardhan sued BMO
as a result of Damji's fraud, and he
brought a motion to certify his lawsuit
as class action against BMO on behalf of the
class of individuals whose investments were flowed through the Cash Plus account.
Currently representing pharmacy benefit manager Express Scripts in a $ 15 billion contract dispute with its largest client, Anthem,
as well
as a related ERISA
class action brought by members of Anthem health plans.
Represent client
as lead defense counsel in an environmental
class action brought by homeowners asserting nuisance and property damage claims based on allegations that a neighboring industrial site contaminated the water table.
As a litigation funding firm, we invest in commercial disputes
brought by businesses, entrepreneurs, investors and shareholders, whether individually or seeking funding for
class actions, at all stages of the litigation or arbitration process.
As counsel for the plaintiffs, Matthew has won numerous out - of - court settlements in a
class action and collective
action discrimination, overtime and education claims — including many cases
brought by police officers and educators.
Reathaford
brings more than 12 years of experience handling
class action litigation,
as well
as individual and multi-plaintiff
actions, up to and including trial.
In a recent decision of the Supreme Court of British Columbia, Ewert v. Canada (Attorney General), 2016 BCSC 962, Mr. Justice Blok certified
as a
class action certain aspects of a lawsuit
brought by an inmate for, amongst other things, damages for violations of Charter rights.
On June 6, 2014, the Ontario Superior Court of Justice certified a
class action brought on behalf of the affected customers, alleging that they were victims of identity theft and fraud
as a result of the intrusion upon seclusion.
As previously reported by E-TIPS ® Newsletter, the Applicant brought a class action against Facebook, alleging it had used her name and portrait in an advertisement product known as «Sponsored Stories» without her consent, contrary to the statutory tort created by British Columbia's Privacy Act, which arises when a name or a portrait of a person is used for the purpose of advertising or promoting the a sale of a product without that person's consent for such us
As previously reported by E-TIPS ® Newsletter, the Applicant
brought a
class action against Facebook, alleging it had used her name and portrait in an advertisement product known
as «Sponsored Stories» without her consent, contrary to the statutory tort created by British Columbia's Privacy Act, which arises when a name or a portrait of a person is used for the purpose of advertising or promoting the a sale of a product without that person's consent for such us
as «Sponsored Stories» without her consent, contrary to the statutory tort created by British Columbia's Privacy Act, which arises when a name or a portrait of a person is used for the purpose of advertising or promoting the a sale of a product without that person's consent for such use.
Where,
as here, they seek to predicate their right to
bring their
action as members of a
class, they must allege positively that they belong to such a
class as would be authorized to maintain the
action.
On Tuesday, August 31, 2010, the Canadian Press reported that a Montreal man filed a motion for leave to
bring a
class action suit against the Community of the Clerics of St. Viateur in Montreal and the Raymond - Dewar Institute (also known
as the Institute for the Deaf and Dumb) and its priests.
Deloitte & Touche Inc. («Deloitte»), the long - acting trustee for the Estate of Bre - X Minerals Ltd., has
brought motions in the Alberta and Ontario courts seeking leave to discontinue the
class action litigation that it has been prosecuting against, amongst others, former Bre - X principal John Felderhof and his ex-wife Ingrid Felderhof,
as well
as the Estate of founder and CEO David Walsh.
A second case involves what is called a «reverse
class action law suit»
brought by Voltage Pictures against an
as - yet unidentified group of defendants for copyright violation related to the downloading of films in which Voltage holds copyright.