Sentences with phrase «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.

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.

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.

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.Sclass 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.Sclass 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.SClass 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 settlemeclass 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 settlemeClass 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.