Sentences with phrase «class certification decisions»

Defended several class actions, including during class certification proceedings and initiating and defending interlocutory appeals of class certification decisions.

Theses rulings will impact standing concepts and jurisdictional challenges, liability under the WARN and the ERISA, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on American Pipe tolling and application of statute of limitations in class actions.

For class actions in particular, the Court pointed out that Congress also has provided the remedy of enlarged removal jurisdiction under CAFA, and that, once in federal court, class actions may be transferred and consolidated in one court, and that «we would expect federal courts to apply principles of comity to each other's class certification decisions when addressing a common dispute.»

The Sixth Circuit also noted that the defendant failed to address whether the district court might reexamine the class certification decision, and noted that both parties had filed dispositive motions, which weighed against interlocutory review.

But some lower courts have found that to be an improper avenue for seeking appellate review of a class certification decision.

Not exact matches

Microsoft lawyer Jeff Fisher said defendants could not use this maneuver because they can not voluntarily dismiss a lawsuit if they want to get an automatic appeal of a decision granting class certification.

number of controversial decisions such as his recent order that a defendant must file a defence before the certification of a class action.

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...

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.

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 not.

The certification decision means only that the claim may continue as a class action.

Ct. 2007)- Steve Goldman argued this appeal, in which the Pennsylvania Supreme Court affirmed a decision (actually revoked its early grant of certiorari as «improvidently granted») denying class certification in a statewide overhead and profit class action.

Canada Cartage is defending this class action and the certification decision will be appealed.

Central to the decision was a finding that the potential of a number of class members wishing to opt out of an action should not be a bar to certification, lawyers say.

The case was certified as a class action with leave to appeal the certification decision dismissed.

In the recent decision of Fantl v Transamerica Life Canada («Fantl»)[1], the Ontario Court of Appeal unanimously dismissed the appeal of the Divisional Court's decision and confirmed the certification of class claims in negligent misrepresentation, noting that it was time for class actions to «deliver on their promise of access to justice» [2] when it comes to individual issues.

Defended multinational bank against securities fraud claim in case in which the court denied class action certification in decision involving the efficient market hypothesis and fraud on the market theory.

In the costs decisions arising from the certification of the class proceedings styled Sankar v. Bell Mobility, Brown v. Canada (Attorney General), Crisante v. DePuy Orthopaedics, Dugal v. Manulife Financial, and Rosen v. BMO Nesbitt Burns Inc., Belobaba noted, in general, the amount of time spent by legal counsel was too high, the volume of material filed with the court was excessive, oral hearings were too long, and counsel over-litigated most issues.

The decision demonstrates how Canadian courts approach the certification of data breach class actions.

Bridging Communities Inc v Top Flite Financial Incorporated 843 F3d 1119 (6th Cir 2016)(reversing district court decision to deny class action certification)(petition for writ of certiorari currently pending)

Recently, Mr. Feldman obtained the decertification of a consumer class action on behalf of a leading manufacturer of natural health products and nutritional supplements, in a decision Law360 called one of the «Class Certification Rulings Every Litigator Needs to Know.&rclass action on behalf of a leading manufacturer of natural health products and nutritional supplements, in a decision Law360 called one of the «Class Certification Rulings Every Litigator Needs to Know.&rClass Certification Rulings Every Litigator Needs to Know.»

These decisions deal with a broad range of legal issues you need to know about, including the scope of documentary discovery, the primary factors governing releases, and whether conditional certifications in proposed class actions are possible.

Successfully represented secondary - market purchaser of mortgage loans in interlocutory appeal of district court decision denying certification of a class under Fair Housing Act

Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in federal court cases involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate decisions making certification of such claims very difficult in Florida.

While commentators are heralding the decision as landmark, its importance may lie less in the line it draws for parties battling class certification and more in what it signals for a much broader issue in securities regulation.

The decision follows a trend in B.C. dismissing certification of consumer protection class actions where the plaintiffs have not suffered any real damage or loss and limits the scope for class - wide remedies pursuant to the B.C. Business Practices and Consumer Protection Act, says Robin Reinertson, a partner with Blake Cassels & Graydon LLP in Vancouver.

The Illinois Supreme Court affirmed the trial court's decision to apply Illinois law and to limit the class to Illinois residents, but then determined that class certification was not appropriate.

Another recent decision, although also not a real estate case, involves a class action and certification by the British Columbia Court of Appeal and the concept involved is important to all professionals.