Sentences with phrase «class certification motions»

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

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

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.

Effectively employing or challenging statistics can make a difference in winning or losing a class certification motion.

File the class certification motion simultaneously with the complaint:

In the Seventh Circuit, however, it appears the defendant can «pick off» the class representive — simply by extending a full - relief settlement offer before the class certification motion is filed.

The United States District Court for the Northern District of California partially granted NFB's class certification motion.

The court rejected the class certification motion by the Salespeople, since the class could not allege violations of the state's independent contractor statute.

Not exact matches

On February 27, 2009, the court denied with prejudice plaintiffs» motion for nationwide class certification for a third time.

The lead plaintiff filed a motion for class certification on November 4, 2014 and, on December 15, 2014, defendants filed their opposition to the motion.

However, it turns out that by way of an «attachment» to the motion, the State Board now claims that what they approved was Vallas» one class «program» and not UConn's 13 month Executive Leadership Program that everyone else must take to get their superintendent certification.

As part of his defense - side civil practice, Mr. Hawkins has handled numerous motions to dismiss, pre - and post-trial motions for judgment as a matter of law, and oppositions to class certification.

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.

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 met.

Attorneys defeated a motion for class certification.

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...

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.

[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.

[5] At the certification motion, the Defendant conceded that the Plaintiff's negligent misrepresentation claim «pass [ed] over the cause of action and identifiable class criteria» and accepted that there were some common issues for this claim that could be certified (Motion judge's reasons, paramotion, the Defendant conceded that the Plaintiff's negligent misrepresentation claim «pass [ed] over the cause of action and identifiable class criteria» and accepted that there were some common issues for this claim that could be certified (Motion judge's reasons, paraMotion judge's reasons, para. 15).

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.

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.

Even wonky legal commentators would much rather read the trial dailies than plod through procedural motions regarding class certification or discovery disputes.

«This certification motion shows that employers who misclassify employees as contractors can have substantial liability towards those workers, no matter what the contract says,» said plaintiff class lawyer Andrew Monkhouse.

A certification motion for a class action lawsuit against Deloitte LLP involving document reviewers has been adjourned for 60 days while class counsel seek a new representative plaintiff.

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

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).

The Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. Motion Judge issues one set of reasons and one order disposing of both a motion seeking certification of a class and a motion for partial summary judgment against Dr. motion seeking certification of a class and a motion for partial summary judgment against Dr. motion for partial summary judgment against Dr. James.

Successfully obtained summary judgment on securities fraud claims for defendant; Federal District Court denied plaintiffs» motion for class certification

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

Motions for class certification are moving to the later stage of cases, and, unless the motion for class certification is denied, the case will proceed on a class basis, with a representative plaintiff leading.

On July 27, 2015, the Federal Court of Canada released its order and reasons granting the plaintiffs» motion for certification of the action as a class proceeding.

Successfully argued defendants» opposition to direct purchasers» motion for class certification.

July 27, 2015 The Federal Court of Canada releases its order and reasons granting the plaintiffs» motion for certification of the action as a class proceeding.

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 liability.

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

We pride ourselves on achieving effective and efficient solutions, ranging from convincing our opponent to drop the lawsuit before motion practice, winning on a motion to dismiss, compelling individual arbitration, or defeating class certification at an early stage.

The plaintiffs» motion for certification of the proposed class action has been delayed due to the unavailability of the court to hear the motion as originally scheduled.

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.