The settlement also allowed individual suits for compensatory
damages by class members, as long as they weren't based on theories that included fraud and misrepresentation.
Not exact matches
They are seeking
damages from former CEO Gene Isenberg and current CEO Anthony Petrello as well as
members of the board of directors in a federal
class action lawsuit filed
by the Erie County Employees Retirement System.
On August 27, 2015, the Ohio Supreme Court resolved one aspect of this issue under Ohio law
by holding in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015 - Ohio - 3430, that plaintiffs alleging violations of the Ohio Consumer Sales Practices Act (CSPA) must show that all
members of a putative
class suffered injury or «
damage in fact» as a result of the challenged conduct.
The
class action brought against FCA NV, FCA and FCA Canada Inc. (FCA Canada) alleges that Canadian purchasers of the Vehicles were deceived
by the defendants» failure to disclose the presence of this software, resulting in losses and
damage to
members of the
class.
In Heller v. Uber Technologies, the plaintiff, David Heller, was seeking $ 400 million in
damages for the
class as well as a declaration that Uber violated the Employment Standards Act
by failing to pay benefits to the putative
class members.
Cassels Brock submitted on appeal that the trial judge erred in his findings concerning the scope of the dealer retainer;
by finding that Cassels Brock breached its duties to the
class members; in his treatment of the Saturn dealers» claims;
by inferring causation;
by awarding aggregate
damages; and in his quantification of
damages.
In 1250264 Ontario Inc. v. Pet Valu Canada Inc. («1250»), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt - out notices obtained from potential
class members in a certified
class proceeding due to the irreparable
damage caused to the process
by the aggressive conduct of a third party.
In 1250264 Ontario Inc. v. Pet Valu Canada Inc. [1](«1250»), Justice Strathy of the Ontario Superior Court of Justice took the extraordinary step of invalidating the majority of opt - out notices obtained from potential
class members in a certified
class proceeding due to the irreparable
damage caused to the process
by the aggressive conduct of a third party.
The dissent, written
by Justice Ginsburg (and joined
by Justices Breyer, Sotomayor and Kagan), viewed the decision as creating a high risk that unnamed
class members will «forfeit their constitutionally shielded right to opt out of the
class and thereby control the prosecution of their own claims for
damages.»
The information collected about potential
class members will assist counsel in prosecuting the
class action and assessing what
damages were suffered
by the
class as a whole.
Provides immunity for businesses and government agencies who follow specified procedures; provides exclusive remedy in contract, if no written contract: limits recovery to direct economic
damages; bars recovery for
damages which plaintiff could have avoided or mitigated; requires mediation; prohibits
class actions against government agencies; requires each
class member has a loss of $ 50,000 to bring a
class action; provides liability protection for directors and officers; and requires filing of suit
by March 1, 2002.
By definition,
members of the proposed
class are persons who have spent time in jail from a relatively young age, have developed drug and alcohol problems, have
damaged senses of masculinity, and have maintained their silence for years.
The court did not certify an entitlement to punitive and compensatory
damages, but stated that liability in waiver of tort may be justified even without individual proof of loss
by members in the
class [para. 173].
Defended board
members and officers against claim that improper revenue recognition
damaged the company, including
by causing a securities fraud
class action to be brought against it.