Sentences with phrase «individual class members»

These lawyers represented individual class members, but were not designated class counsel.

A necessary premise of Thomson's argument is that the court will, on the merits, decide that Thomson committed no legal wrong and that its Litigator service is not an infringement of copyright or a violation of individual class members» moral rights.

Representation of health insurer in an action in New York Supreme Court in which four plaintiff Professional Employer Organizations (PEOs) and individual class members seek a temporary restraining order to prevent health insurer from terminating coverage.

In accepting this simple characterization of commonality, however, Justice Lauwers pointed out that the plaintiffs might be limiting grounds for liability that would otherwise be available to individual class members in separate actions — for example, allegations of a breach of an IA's duty to know his client.

I. Whether differences among individual class members may be ignored and a class action certified under Federal Rule of Civil Procedure 23 (b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample; and

[204] In the case at bar, for an individual class member, an individual action would not be financially viable.

Class actions are suitable for cases where the individual class member's monetary loss, if any, is small, but the defendant has wronged many who as individuals can not sensibly take on the financial risk of suing the defendant, who simply gets away with its misdeeds.

That some individual class members may have the financial means and that class members do not confront any social barriers and would not be intimidated in taking on Thomson, does not mean that a class action is unnecessary to provide access to justice.

The plaintiffs» counsel argued that they had sent class notices to 3,996 class members and had received only two objections: an objection from Brennan and an «objection» that was actually a dispute over the amount the individual class member was to receive.

Now consider why notice by publication is usually attempted: the individual class members are not readily identifiable.

In some cases, the reverse may also be true: individual class members may not be able to readily identify themselves.