Sentences with phrase «limitations on class action»

A concurring opinion by Justice John Paul Stevens means that the decision will most likely have to be applied on a case - by - case basis, looking at different types of statutes that states have enacted to place limitations on class actions.»

Not exact matches

The eBook royalty class action looks back approximately six years, the statute of limitations on contract actions in New York State.

It comes in many forms but, includes proposals to limit class action lawsuits, to shorten the statute of limitations (time deadline) for filing personal injury claims, and to put a cap on the amount of damages for out of pocket losses like medical bills and lost wages and / or general damages for the pain and emotional distress caused by a catastrophic injury or death caused by the wrongdoing of another individual or business.

Mr. Miklave covered the laws» definitions of protected classes, the availability of remedies, time limitations on bringing actions, elements of claims, and substantive and procedural defenses.

All three rulings focused primarily on the limitations period interpretation, which affected the three class actions before the court and other ones still in the system before the Ontario legislative amendments.

Combining the disappointing in De Wolf v. Bell ExpressVu, provincial regulation on payday lending that has led to higher interest rates than those allowed by the usury provisions in the Criminal Code and the limitations of consumer class actions against late payment practices, it seems that consumers have even less protection from exploitative credit arrangements today.

Theses rulings will impact standing concepts and jurisdictional challenges, liability under the WARN and the ERISA, appeals of class certification decisions, challenges to EEOC administrative subpoenas, and rules on American Pipe tolling and application of statute of limitations in class actions.

The debate turned on whether an action to enforce a foreign judgment was a claim within section 16 (1) of the Limitations Act, 2002, which creates a class of claims to which no limitation period applies.

In the meantime, two further secondary market liability cases had come before the Court of Appeal on appeal: Green v. Canadian Imperial Bank of Commerce (2012 ONSC 3637), in which Justice Strathy reluctantly declined to certify a class action because it was time - barred by the three - year limitation period; and Silver v. IMAX (2012 ONSC 4881), in which Justice van Rensburg granted an order issuing retroactive leave under s. 138.8 of the OSA to allow the claim to proceed.

Imax's summary judgment motion based on a limitation defence was denied yesterday, giving the class action bar cause for celebration in light of other recent decisions that seem to go against plaintiffs in similar circumstances where lengthy proceedings have delayed matters.