Sentences with phrase «certification motion in»

The certification motion in the Boston Scientific case was originally heard in November 2015, but Perell adjourned the matter to give the plaintiffs another chance to submit more evidence.

It deals with a certification motion in a securities Class Action, and has a number of interesting aspects to it (interesting, at least, to lawyers).

CAOC Annual Convention, Winning Certification Motions in the Post Brinker Era — The Latest Cases, by Mike Arias November 16, 2013

Not exact matches

Research In Motion (TSX: RIM / NASDAQ: RIMM) announced late last week that its BlackBerry smartphones running on the new BlackBerry 7 and BlackBerry 7.1 Operating Systems have received FIPS 140 - 2 certification by the National Institute of Standards and Technology (NIST) and the Communications Security Establishment Canada (CSEC).

«This FIPS certification will help extend the reach of BlackBerry 6 to users in a wide range of government agencies and other security - conscious organizations in the U.S.,» said Scott Totzke, Vice President, BlackBerry Security Group at Research In Motioin a wide range of government agencies and other security - conscious organizations in the U.S.,» said Scott Totzke, Vice President, BlackBerry Security Group at Research In Motioin the U.S.,» said Scott Totzke, Vice President, BlackBerry Security Group at Research In MotioIn Motion.

Canadian based Research in Motion announced today that the Playbook Tablet has been given security certification to be used by U.S. federal government agencies.

I'll be talking more about what those depositions revealed over the next few weeks, but if you would like to read the (lengthy) documents yourself, the Plaintiff's Memorandum of Law in Support of their Motion for Class Certification is here (PDF) and the deposition excerpts are here (PDF).

Penguin and ASI also informed the court that they intend to file a motion to either strike the class allegations included in the amended complaint, or to deny class certification altogether.

Following the July 1, 2015 ruling by Judge Denise Cote denying plaintiffs» motion for class certification in Simmons v. Author Solutions LLC, the parties have resolved both the New York and Indiana actions without any finding or admission of wrongdoing on the part of Author Solutions or its affiliates.

Waterloo, ON — Research In Motion (RIM)(NASDAQ: RIMM; TSX: RIM) today announced that BlackBerry ® smartphones running on the powerful new BlackBerry ® 7 and BlackBerry ® 7.1 Operating Systems (OS) have been awarded FIPS 140 - 2 certification by the National Institute of Standards and Technology (NIST) and the Communications Security Establishment Canada (CSEC).

Today, Research In Motion announced that the cryptographic kernel of its BlackBerry 6 mobile operating system has earned the FIPS 140 - 2 security certification.

In July this year, after the case had survived various motions to dismiss, Judge Denise Cote at the United States District Court Southern District of New York, denied class certification in the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been meIn July this year, after the case had survived various motions to dismiss, Judge Denise Cote at the United States District Court Southern District of New York, denied class certification in the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been mein the case of Mary Simmons and Jodi Foster versus Author Solutions, saying that certain requirements had not been met.

Filed under All Stories, Mobile · Tagged with BlackBerry 10, BlackBerry apps, BlackBerry Flow, BlackBerry phones, BlackBerry Smartphones, FIPS 140 - 2 certification, Research in Motion, Research in Motion stock, RIM mobile

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«The certification motion was straightforward only in the sense that there were no complex factual and legal issues and no expert evidence filed,» he wrote.

Justice Perell wrote in his decision that «Deloitte's objections to Mr. Phillip's costs claim were very substantially weakened because Deloitte did not disclose how much time its lawyers expended on the run - up to and completion of the certification motion.»

Attorneys successfully defended a motion for class certification in connection with case involving an insurer's decision to require that third party claimants obtain their own salvage certificate of title for vehicles appraised to be a total loss as...

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

Defeated motion for class certification on behalf of financial services company in lawsuit challenging use of independent contractors for information technology functions

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;

[37] Class actions are subject to the Rules of Civil Procedure, and there is nothing in the Class Proceedings Act, 1992that precludes defendants from pleading before the certification motion.

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

The employees» class action claims against IQT and the other defendant alleged in the certification motion, include: wrongful dismissal, conspiracy, negligence, inducing breach of contract, and breach of fiduciary duty.

In federal court, Federal Rule of Civil Procedure 37 requires that a motion to compel «include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.&raquIn federal court, Federal Rule of Civil Procedure 37 requires that a motion to compel «include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.&raquin good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action.&raquin an effort to secure the disclosure without court action.»

[10] My experience as a case management judge in class proceedings reveals to me that as a general rule, it would be preferable that pleadings be closed before the action moves to a certification motion.

[12] In the discussion that follows, I will also discuss the consequences to the certification motion of closing the pleadings.

The year 2017 saw two notable decisions in the area of shareholder derivative and class actions, one granting a corporation's motion to dismiss a derivative suit based on the results of a special litigation committee investigation, the other upholding the denial of class certification on the grounds that the proposed class representative could not adequately represent the class.

Defeated the most critical prong of a class certification motion which sought to certify a large group of salespersons in an action brought against a national furniture company.

In the area of class actions, it is significant that a Respondent may now apply for leave to appeal from a judgment of the Superior Court granting a Motion for Authorization (Certification)(article 578), a move which will likely have an impact on strategy in first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or noIn the area of class actions, it is significant that a Respondent may now apply for leave to appeal from a judgment of the Superior Court granting a Motion for Authorization (Certification)(article 578), a move which will likely have an impact on strategy in first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or noin first instance and Respondents» decisions whether to consent to authorization and proceed directly on the merits, or not.

Vincent de l'Étoile, a partner in the litigation group at Langlois LLP in Montreal, says he believes it is usually a good idea for a defendant to put forward a record at the time of the certification motion.

Whether by defeating class certification, winning dispositive motions, or pursuing discovery strategies that reveal weaknesses in the plaintiff's case, we seek cost - effective, business - focused solutions.

Our litigators represent organizations in statewide and nationwide class action litigation in every facet of class action proceedings — from motions to dismiss, class certification proceedings, discovery, trial, settlement, and appeal.

At the certification motion, the plaintiffs in Brown had proposed a class definition consisting of employees who had worked for CIBC after 1996 and held the job titles of analyst, investment advisor, or associate investment advisor.

The plaintiff had acknowledged «the certification and summary judgment motions for which costs are sought were factually and legally complex, important to the parties and... in the circumstances, they could reasonably expect to be required to pay a meaningful costs award to the defendants.»

Counsel who wish to have proceedings posted on the database must complete the Database Registration Form located on the Database webpage and send it along with the original pleadings and certification motion (in PDF or Word) to the CBA at [email protected].

Tim Hortons has been awarded $ 1.8 million in costs in a franchise class action certification and summary judgment motion dismissed in 2012.

The parties are in the process of scheduling the Motion for Certification and Leave to Proceed under the Ontario Securities Act.

On this motion for certification, however, it is enough for me to find, as set out above, that there is some basis in fact for PCI No. 1 relating to Deloitte only.

Conversely, defendants often use the certification motion as a test drive for the merits of the litigation, notwithstanding the focus on the certification motion ought to be whether the certification criteria are satisfied and the «some basis in fact» evidentiary standard in this regard is very low.

Prior to joining Dowd Bennett, drafted successful oppositions to class certification and motions for decertification in several consumer class actions for insurance client.

He has successfully defeated class certification motions and prevailed on summary judgment in class actions, as well as single plaintiff cases.

The certification motion was argued in two parts.

In class actions alleging securities fraud, we have won scores of cases for clients on motions to dismiss, class certification, summary judgment and at trial.

Key draftsperson for submissions addressing purported class representative's motion for conditional certification in case involving FLSA allegations in connection with representation of defendant.

Eike v. Allergan, a consumer class action certification case about allegedly over-generous allotments of fluid in eyedrop dispensers, raises two questions: how'd this case get past the motion - to - dismiss stage?

In addition to helping to defeat future attempts at class certification, the opinion is expected to be significant in supporting (or defeating) dispositive motions or claims at trial that fail to take causation seriously in evaluating liabilitIn addition to helping to defeat future attempts at class certification, the opinion is expected to be significant in supporting (or defeating) dispositive motions or claims at trial that fail to take causation seriously in evaluating liabilitin supporting (or defeating) dispositive motions or claims at trial that fail to take causation seriously in evaluating liabilitin evaluating liability.

He also has substantial experience in trial courts, briefing and arguing dispositive motions as well as defending against class certification.

However, where there is a conflict in either the factual or expert evidence, the court hearing the certification motion does not resolve that conflict; that is a task for the judge presiding over the trial.

British Columbia is an opt - in jurisdiction for class proceedings, and limitation periods are suspended in that province only upon the making of a motion for certification.

The plaintiffs acknowledge that «the certification and summary judgment motions for which costs are sought were factually and legally complex, important to the parties and... in the circumstances, they could reasonably expect to be required to pay a meaningful costs award to the defendants.»