Similarly, the Quebec Court of Appeal dismissed an application
for the certification of a class action brought by cancer patients who accused the government and hospitals of negligently delaying their treatment.
When that happens, the courts are required to grapple with not only the difficulties associated with indirect purchaser actions, but are also then asked to decide whether the requirements
for certification of a class action are met.
Because defects can cause a wide range of problems for claimants, the cases may be difficult to group into a single class that satisfies the «commonality» requirement
for certification of class actions.
One obstacle to the emergence of mass torts, for example, lies in the fact that the threshold
for certification of class actions in Canada is considerably lower than it is in the U.S.
This issue has been raised in at least two recent motions
for certification of class action law suits for copyright infringement in the Ontario Superior Court.
We are in the process of preparing materials
for the certification of the class action.
Not exact matches
The prospect
of winning large damages in a
class action can be the only way
for consumers to find lawyers to take their cases, so a denial
of this
certification can effectively end some lawsuits.
2)[Judge Scheindlin's
certification of this «Stop & Frisk» disregards the clear requirements
for a
class action.»]
Judge Scheindlin's
certification of this «Stop & Frisk» disregards the clear requirements
for a
class action.»
More than a dozen federal
class action lawsuits have been filed seeking damages from the Educational Testing Services (ETS)
for errors in grading the PRAXIS Principles
of Learning and Teaching Grade 7 - 12 exam required
for entry - level classroom
certification in many states.
Isn't it about time
for someone... anyone to begin looking into a
class action regarding the undermining
of the
certification that 45,000 CT educators and administrators spent hundreds
of thousands
of dollars obtaining.
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.
Striking all state
class action claims and limiting conditional
certification of an FLSA collective
action to three units
of a hospital in a
class / collective hybrid
action brought by a former nurse against a hospital in Wisconsin state court
for meal period and overtime claims;
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;
That was
for the purpose
of the
certification of a
class action.
[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, para. 15).
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 second legal proceeding asks the Quebec Superior Court
for certification as a
class action for the purpose
of seeking reimbursement
of government processing fees in the event that the first legal proceedings is not successful.
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.»
In response to the policy argument against allowing relitigation
of class certification, the Court noted that stare decisis and comity are the legal system's remedies for repetitive litigation that falls outside of the rules of preclusion, and that once a class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S
class certification, the Court noted that stare decisis and comity are the legal system's remedies
for repetitive litigation that falls outside
of the rules
of preclusion, and that once a
class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S
class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.
action is removed to federal court under the
Class Action Fairness Act of 2005 (CAFA), 28 U.S
Class Action Fairness Act of 2005 (CAFA), 28 U.
Action Fairness Act
of 2005 (CAFA), 28 U.S.C.??
Notable mandates: Acting
for the Government
of Newfoundland and Labrador regarding the development and financing
of the Muskrat Falls Hydroelectric Project, also known as the «Lower Churchill Project»; acting
for the Government
of Newfoundland and Labrador concerning the development and operation
of the Hebron offshore oilfield project and the Hibernia South oilfield expansion project; acting
for developers and placing financing on new hotel developments in downtown St. John's; defending
class action claims involving product liability and taxation issues at a
certification hearing and a common issues trial and appeal; acting
for mining corporations involved in large - scale mine development projects in Labrador
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.
Our Fort Lauderdale employment lawyers also have successfully defended businesses in claims claiming failure to pay commissions and salaries and have prevailed in cases seeking
class certification for collective
actions for potentially large groups
of former employees seeking back wages.
Markson is the key
class action case cited
for certification of claims
for aggregate damages, and the use
of statistical evidence.
Defeated a
class certification action against law firms and major mortgage lenders
for allegedly wrongful foreclosures that would have involved over 9,000 foreclosures and tens
of millions
of dollars in exposure.
Mr. Heffernan defeated a
class certification in a putative
class action against law firms and major mortgage lenders
for allegedly wrongful foreclosures, which protected clients from tens
of millions
of dollars in potential exposure
for more than 9,000 foreclosures.
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)
Represented an automobile insurer in defeating
certification of a purported nationwide
class action in Madison County, Ill. challenging medical reimbursement policies
for millions
of policyholders.
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.
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.
Moving dramatically in the other direction, it also cleared the way
for Canada's first global
class action — Silver v. IMAX — by denying leave to appeal the
certification of the global
class.
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.
One
of the primary issues relating to the
certification of competition law
class actions to date has been difficulties arising from the calculation
of damages and, in particular, the challenges in some cases
of calculating damages in the context
of so - called «indirect purchasers» (i.e., where it is alleged that that direct purchasers passed on,
for example, a price - fixing overcharge from manufacturers to a second downstream level
of consumers).
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.
In certifying the
class action against the settling defendants, Perell J. noted that even in situations where certification is sought for settlement purposes, all of the criteria for certification under s. 5 (1) of the Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settleme
class action against the settling defendants, Perell J. noted that even in situations where
certification is sought
for settlement purposes, all
of the criteria
for certification under s. 5 (1)
of the
Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because of the different circumstances associated with settleme
Class Proceedings Act, 1992, S.O. 1992, c. 6 must still be met (though compliance with the criteria is not as strictly required because
of the different circumstances associated with settlements).
Other highlights include securing a third consecutive victory
for Credit Suisse in Idaho federal court in July 2016 that defeated all remaining claims in a $ 24 billion
class action regarding loans made to developers
of luxury resorts, which followed our successful defeat
of class certification.
We are proud
of our reputation
for winning early, pre-
certification dismissal
of many
class action cases, and
for prevailing on the issue
of class certification in numerous other
class action lawsuits.
[1] Lorne Waldman moves
for certification of a proposed
class action under the Class Proceedings Act, 1992, S.O. 1992, c.
class action under the
Class Proceedings Act, 1992, S.O. 1992, c.
Class Proceedings Act, 1992, S.O. 1992, c. C. 6.
More importantly, the potential
for a high level
of opt outs is not a reason
for denying the
certification of a
class action in the first place.
In virtually identical language in Brown v. Canada (Attorney General), Sankar v. Bell Mobility, Crisante v. DePuy Orthopaedics, Dugal v. Manulife and Rosen v. BMO Nesbitt Burns, Justice Belobaba excoriated
class action lawyers
for over-lawyering
certification motions, unnecessarily lengthening the proceedings and generating hundreds
of thousands
of dollars in fees and disbursements.
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.
Notable mandates: Successfully fended off a
class action certification motion against Canadian National Railway over alleged overcharging
for grain carriage; acted
for Federated Co-operatives Ltd. in its $ 138 - million acquisition
of oil company Triwest Exploration Inc.; Saskatchewan counsel to Wal - Mart Canada Realty Inc. and SmartCentres Realty Inc. on the $ 200 - million sale
of shopping centres to Great - West Life Assurance Co. and London Life Insurance Co.; represented Northern Property REIT in $ 70 - million purchase
of Nunavut properties; advised Saskatchewan Power Corp. on its $ 1.24 - billion Boundary Dam Integrated Carbon Capture and Storage Demonstration Project.
[1] After setting out his new approach to assessing costs and acknowledging that it will likely yield lower costs orders, Justice Belobaba concludes that more modest orders may result «in leaner and more focused
certification motions, a greater measure
of predictability
for the participants, and in the overall, the continuing viability
of the
class action vehicle.»
We have achieved successful results
for clients at every phase
of the
class action litigation process in both trial and appellate courts, including obtaining dismissals
of class action complaints, defeating
class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.
Litigating more than 100
class actions and collective
actions in California, New York, Georgia, and Maryland involving a variety
of employment issues, including wage - hour and discrimination claims, and successfully defeating motions
for class certification on such claims in both federal and state courts.