Sentences with phrase «on the certification motion»

The cost award requested was calculated at 60 per cent of the reduced docketed time expended on the certification motion.

The Plaintiff settled costs with the Defendant Procom, agreeing to pay $ 60,000 for costs on the certification motion, payable within 30 days of the Plaintiff receiving the cost payment from Deloitte.

Conversely, defendants often use the certification motion as a test drive for the merits of the litigation, notwithstanding the focus on the certification motion ought to be whether the certification criteria are satisfied and the «some basis in fact» evidentiary standard in this regard is very low.

Because this is an unsettled point of law, she held that this point of law was best resolved on a full evidentiary record, and not summarily determined on a certification motion.

Our firm was class counsel on the certification motion.

Not exact matches

On February 27, 2009, the court denied with prejudice plaintiffs» motion for nationwide class certification for a third time.

The lead plaintiff filed a motion for class certification on November 4, 2014 and, on December 15, 2014, defendants filed their opposition to the motion.

Research In Motion (TSX: RIM / NASDAQ: RIMM) announced late last week that its BlackBerry smartphones running on the new BlackBerry 7 and BlackBerry 7.1 Operating Systems have received FIPS 140 - 2 certification by the National Institute of Standards and Technology (NIST) and the Communications Security Establishment Canada (CSEC).

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.

Waterloo, ON — Research In Motion (RIM)(NASDAQ: RIMM; TSX: RIM) today announced that BlackBerry ® smartphones running on the powerful new BlackBerry ® 7 and BlackBerry ® 7.1 Operating Systems (OS) have been awarded FIPS 140 - 2 certification by the National Institute of Standards and Technology (NIST) and the Communications Security Establishment Canada (CSECON — Research In Motion (RIM)(NASDAQ: RIMM; TSX: RIM) today announced that BlackBerry ® smartphones running on the powerful new BlackBerry ® 7 and BlackBerry ® 7.1 Operating Systems (OS) have been awarded FIPS 140 - 2 certification by the National Institute of Standards and Technology (NIST) and the Communications Security Establishment Canada (CSECon the powerful new BlackBerry ® 7 and BlackBerry ® 7.1 Operating Systems (OS) have been awarded FIPS 140 - 2 certification by the National Institute of Standards and Technology (NIST) and the Communications Security Establishment Canada (CSEC).

Justice Perell wrote in his decision that «Deloitte's objections to Mr. Phillip's costs claim were very substantially weakened because Deloitte did not disclose how much time its lawyers expended on the run - up to and completion of the certification motion.»

He has successfully defeated class certification motions and prevailed on summary judgment motions in class actions.

Defeated motion for class certification on behalf of financial services company in lawsuit challenging use of independent contractors for information technology functions

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

The year 2017 saw two notable decisions in the area of shareholder derivative and class actions, one granting a corporation's motion to dismiss a derivative suit based on the results of a special litigation committee investigation, the other upholding the denial of class certification on the grounds that the proposed class representative could not adequately represent the class.

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.

On January 21, 2011, the Court of Appeal decision released its with respect to the plaintiff's motion for leave to appeal the split decision of the Divisional Court (upholding the denial of the certification motion).

I won't comment on the action further until it reaches a certification motion, but I've made the Statement of Claim available here.

«It goes without saying that certification has nothing to do with the merits of the claims that have been made, Deloitte may well prevail when all of the evidence is presented and assessed at trial or on a summary judgment motion,» he wrote.

Counsel who wish to have proceedings posted on the database must complete the Database Registration Form located on the Database webpage and send it along with the original pleadings and certification motion (in PDF or Word) to the CBA at [email protected].

On the initial certification motion, Superior Court Justice Paul Perell denied certification on two groundOn the initial certification motion, Superior Court Justice Paul Perell denied certification on two groundon two grounds.

Successfully obtained summary judgment on securities fraud claims for defendant; Federal District Court denied plaintiffs» motion for class certification

On this motion for certification, however, it is enough for me to find, as set out above, that there is some basis in fact for PCI No. 1 relating to Deloitte only.

Without a doubt, the costs awarded to successful parties on motions for certification are too high.

Belobaba found applying this discount would provide an important cross-check on costs awards arising from motions for certification.

Motions for class certification are moving to the later stage of cases, and, unless the motion for class certification is denied, the case will proceed on a class basis, with a representative plaintiff leading.

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.

He has successfully defeated class certification motions and prevailed on summary judgment in class actions, as well as single plaintiff cases.

Plaintiffs» Fresh as Amended Statement of Claim and Amended Motion Record for Certification served on December 21, 2012

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.

The Court of Appeal remitted the certification motion to a different case management judge for determination on the basis of an amended statement of claim.

New dates have been booked for the hearing of the certification motion on April 25 - 27, 2018.

We pride ourselves on achieving effective and efficient solutions, ranging from convincing our opponent to drop the lawsuit before motion practice, winning on a motion to dismiss, compelling individual arbitration, or defeating class certification at an early stage.

Given Perell J.'s determination that the proposed class action against the settling defendants satisfied all of the certification criteria (albeit on a less strict evaluation than would be applied in a contested certification motion), it is more likely than not that the plaintiffs would be successful if they moved to certify against the Underwriter Defendants.

The Eighth Circuit granted discretionary appellate review under Rule 23 (f) and reversed both the order on the motion to dismiss and the class certification ruling, remanding with direction to dismiss the complaint.

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.

Eleventh Circuit Sides with Wells Fargo on Post-Class Certification Motion to Compel Arbitration

These successes include obtaining dismissals of class action complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.

Judge Carter denied the defendants» motion to decertify the nationwide class and / or for reconsideration of the class certification order based on Mazza:

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.

After certification of the class action, Maple Leaf brought a summary judgment motion seeking dismissal of certain claims on the basis that Maple Leaf owed no duty of care to the class.

On September 30th, the Supreme Court of British Columbia dismissed a motion for certification of a class proceeding against Apple that was about the recording of location data on Apple devices running the iOS4 operating systeOn September 30th, the Supreme Court of British Columbia dismissed a motion for certification of a class proceeding against Apple that was about the recording of location data on Apple devices running the iOS4 operating systeon Apple devices running the iOS4 operating system.

The current generation Apple Watch can track heart rate and motion, and even has a deactivated blood oxygenation sensor that inexplicably hasn't ever been turned on — presumably because any FCC certification to be a medical device would've taken far too long.

In addition to OLED TV and building on Hisense's strong sales success in the local market, Hisense says it is «enhancing its award - winning ULED 4K range, announcing 1000 zone local dimming on select models, and expanding technologies such as Smooth Motion, Quantum Dot and UHD Premium Certification across its range, bringing to life a more premium viewing experience».

Editor's Note: Following the ruling in favor of the Challenger on the due process claims, the court entered a permanent injunction against the State from making the public disclosures required in the Law and also granted the Challenger's motion for class certification (see Doe v. Lee, No. 3:99 CV314 (RNC), 2001 WL 536729 (D. Conn..

The preamble to the motion recognizes that «every effort has been made by the CREA board to strengthen its marks by recommending amendments to the MLS rules that govern the acceptance of listings under the registrations», and that «it is highly desirable to achieve consensus within the boards / associations on the issue of MLS and Multiple Listing Service marks certification mark protection.»