Sentences with phrase «dismiss class claims»
Case successfully defended by virtue of successful motion to compel arbitration and dismiss class claims.
https://www.sheppardmullin.com/ Not exact matches
In 1996, parents of three Catholic families sued the Bedford Central School District, in Westchester County, New York, for activities — including yoga classes taught by a Sikh minister — that they argued promoted satanism, paganism, and «New Age spirituality»; the U.S. Court of Appeals for the Second Circuit dismissed the parents» claims.
See, e.g., Stewart v. Associates Consumer Discount Company, 1 F. Supp.2 d 469 (E.D. Pa. 1998)(motion to dismiss for failure to state a claim denied where borrower brought class action against debt consolidation company); Lawson v. Nationwide Mortgage Corp., 628 F. Supp.
That was already fairly clear and the plaintiffs in the Microsoft case tried to get around that by saying well, we'll dismiss our individual claims with prejudice so that we can appeal the denial of class certification.
Perell J. dismissed the proposed Lipson class action claim against the defendant law firm as statute - barred.
Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
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.
His practice has a particular focus on the development of creative arguments to dismiss or limit claims and defeat class certification.
Represented a major fashion and apparel chain in defending a securities fraud shareholder class action challenging the company's inventory reserves and other issues; plaintiff dismissed claim without any settlement payment.
Official statistics show that lower court decisions tend to favor plaintiffs, but that state appeals courts have dismissed more class action claims than they have upheld.
The parties thereafter settled the matter, and all of the class claims against the health system were dismissed with prejudice and released.
Obtaining a favourable ruling for one of the world's leading manufacturers of life - saving cardiac devices dismissing the claim after an 18 - month trial, in the first medical device product liability class action to go to trial in Canada.
Successfully represented payment processor in appeal of decision dismissing merchant's putative class - action claims
Defended a defendant - class of partners of a major accounting firm for more than $ 200 million in retirement benefits in which state court dismissed all claims.
Prevailed on a motion to dismiss all claims, with prejudice, in a putative class action against an auto manufacturer in federal court in Los Angeles.
In In re Massey Energy Company Derivative and Class Action Litigation, the Delaware Court of Chancery recently dismissed shareholders» derivative and putative direct claims alleging that Massey's former directors and officers caused...
It also puts an end to the practice of plaintiffs voluntarily dismissing their claims following denial of class certification in order to «manufacture» an appealable final judgment.