On August 27, 2015, the Ohio Supreme Court resolved one aspect of this issue under Ohio law by holding in Felix v. Ganley Chevrolet, Inc., Slip Opinion No. 2015 - Ohio - 3430, that
plaintiffs alleging violations of the Ohio Consumer Sales Practices Act (CSPA) must show that all members of a putative class suffered injury or «damage in fact» as a result of the challenged conduct.
Plaintiff alleges violations of the Illinois Consumer Fraud Act and unjust enrichment with respect to the recall.
Not exact matches
Cousins noted that actual knowledge exists when a
plaintiff knows of the transaction constituting the
alleged violation.
Similarly, in McMahon v. Bumble Bee Foods LLC, the
plaintiff brought a state law claim under the Illinois Food, Drug and Cosmetic Act (IFDCA) for
alleged violations of FDA regulations.
«The inquiry into the allegations that Silver turned a blind eye to many instances of sexual misconduct in the Assembly will necessarily include a parade of
plaintiffs» witnesses telling their stories of
violation, and even more defense witnesses responding to those claims (potentially including an
alleged rapist and convicted sex offender).
The
plaintiffs alleged «
violations of the state and federal constitution, including allegedly insufficient attention to county representation.»
He maintained that «
plaintiffs alleging equal protection
violations must prove intent and causation and not merely the existence of racial disparity,» and that «public schooling, even in the South, should be controlled by locally elected authorities acting in conjunction with parents, and that it is desirable to permit pupils to attend schools nearest their homes.»
Represented by Los Angeles law firm Gibson, Dunn & Crutcher LLP, the
plaintiffs allege teacher protections such as tenure, seniority rules in layoffs and other teacher dismissal statutes disparately keep ineffective teachers in the classroom in
violation of the state constitution's equal protection clause.
The
plaintiffs in Duncan v. State of Nevada (see Legal Clips for background on suit) asserted a constitutional challenge to SB 302,
alleging that it diverts public funds to private schools, many of which are religious, in
violation of Article 11, Section 10 (which prohibits public funds from being used for sectarian purpose).
Whereas,
Plaintiff, the United States of America filed its Complaint on April 11, 2012,
alleging that Defendants conspired to raise retail prices of E-books in
violation of Section 1 of the Sherman Act, as amended, 15 U.S.C. 1, and
Plaintiff and Settling Defendants, by their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law;
The consolidated litigation
alleges that the defendants managed the
plaintiffs» investments imprudently in
violation of its fiduciary duties under the Employee Retirement Income Security Act (ERISA) by causing its stable value funds to invest heavily in the Intermediate Bond Fund (IBF) and the Intermediate Public Bond Fund (IPBF).
Plaintiffs alleged various
violations of ERISA related to the cancellation of a group annuity contract.
To plead a
violation of those statutes,
Plaintiffs must
allege that Petland used the mails and wires to perpetrate a plan to defraud them.
In the first Complaint discussed in Animal Law Coalition's reports below, the court found the
plaintiffs did not
allege facts showing the RICO
violations proximately caused their injuries.
Plaintiffs in Indonesia
allege that they suffered human rights
violations at the hands of Indonesian military that was hired by ExxonMobil to provide security for its natural gas facilities.
Plaintiffs allege that ExxonMobil hired these troops knowing they would likely engage in massive human rights
violations against the local population, and that all of the claims date from 2001, well after ExxonMobil had specific knowledge of massive human rights
violations and could have changed their practices.
He has successfully defended single -
plaintiff and putative class action matters, including those
alleging violations of the California Consumers Legal Remedies Act, California Unfair Competition Law, and California False Advertising Law.
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;
For example, instead of writing «
Plaintiffs allege that defendant breached the contract,» or «The judge found that defendant violated the statute,» lawyers will bury the verbs
allege and violated in abstract - noun phrases: «
Plaintiffs make the allegation that defendant breached the contract,» and «The judge found that defendant was in
violation of the statute.»
The
Plaintiff, a private high school, brought the action against the corporate developer of a college - entrance exam,
alleging violations of the Telephone Consumer Protection Act and an analogous state statute related to unsolicited faxes it received.
HARTFORD, CT --(November 29, 2010)- In a federal § 1983 claim
alleging violations of the
plaintiff's Fourth Amendment rights against unreasonable searches and seizures, Catherine S. Nietzel recently obtained a defendants» verdict for two Fairfield County policeman accused of excessive force and malicious prosecution.
In a release, Juroviesky and Ricci LLP says the suit, which has yet to name a lead
plaintiff,
alleges «class - wide
violations of various statutory and common law duties to the students of York University.»
An Alexandria U.S. District Court denies the parties» joint motion to seal court files in this suit filed by
plaintiff, who formerly worked as a domestic servant in defendants» homes in the U.S. and in Qatar,
alleging violations of the...
The
plaintiff had
alleged the defendant was in
violation of Federal Motor Carrier Safety Administration Regulations Section 392.22.
According to the
plaintiff's complaint, the defendant should be held accountable for the damages because the dredge pipe was placed in the lake in
alleged violation of a state regulation that stated such equipment should not be placed in a manner that creates a danger to other users of the lake.
Our attorneys have litigated on behalf of defendants and
plaintiffs in a wide variety of entertainment matters, including disputes
alleging copyright, trademark, and trade dress infringement; right of publicity
violations; idea theft; breaches of licensing and distribution, participation, film financing, and executive employment agreements; trade secret
violations; and a variety of fraud, interference, personal injury, and other tort actions.
The
plaintiff, Wai Kan Yip,
alleged that HSBC Holdings plc, the London - based parent holding company of HSBC banks and financial services firms around the world, had carried on business in
violation of anti-money laundering and anti-terrorist financing laws.
Defended offshore petroleum drilling company, where
plaintiffs alleged that defendants conspired to suppress the wages paid to workers in
violation of the antitrust laws
In each case, the
plaintiff alleged that Venezuela, SUDEBAN, and other Venezuelan agencies and officials had expropriated assets in
violation of international law.
Plaintiff Felicia Printis originally filed suit in the Superior Court of Fulton County
alleging that Bankers Life committed a RICO
violation by conspiring with its agents and auto dealers to sell Ms. Printis unnecessary credit life and disability insurance.
On Monday, the Supreme Court issued its decision in Spokeo v. Robins, which posed the question of whether Article III standing requires a
plaintiff to have a concrete injury when
alleging a statutory
violation under the Fair Credit Reporting Act («FCRA»).
Seeking hundreds of millions of dollars in damages,
plaintiffs filed a putative class action
alleging that Boeing Company, along with its CEO and the head of its commercial aircraft division, committed securities fraud in
violation of federal law.
Represented a
plaintiff class in a market allocation and monopolization suit
alleging violations of sections 1 and 2 of the Sherman Act.
Plaintiffs alleged that defendants were in
violation of the CWA because defendant (or «Kinder Morgan») discharged pollutants into navigable waters without obtaining a National Pollutant Discharge Elimination System («NPDES») permit.
While the case, Global NAPS, Inc. v. Awiszus, et al was a legal malpractice case, the
plaintiff in the underlying case
alleged that her employer terminated her in
violation of the MMLA while she was on maternity leave.
The lesson to be taken from the developing state of standing for statutory
violations post-Spokeo is clear:
plaintiff counsel should take particular care to specifically
allege in detail the harm their clients incurred as a result of the statutory
violation.
The Court remanded Spokeo back to the Ninth Circuit to determine whether
plaintiff Robins, in
alleging a plain
violation of statutory rights under the Fair Credit Reporting Act, 15 U.S.C. § 1681, had shown that he suffered a concrete and particularized injury.
Plaintiffs seeking redress for consumer statutory
violations must
allege more than bare - bones
violations to preserve standing in federal court post-Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016).
Before Spokeo, little attention was paid to the standing requirements for a
plaintiff alleging TCPA
violations, which provide for damages of $ 500 to $ 1500 per call.
1999)(holding that a
plaintiff must
allege that a constitutional
violation was caused by a municipality's «official policy or custom»).
Weil also successfully represented GEMB in a purported nationwide class action
alleging violations of the Fair Housing Act and the Equal Credit Opportunity Act based on, among other things, the
plaintiffs» claim that GEMB's
alleged «policy» of allowing mortgage brokers the «discretion» to impose charges in connection with mortgage loan origination led to minority borrowers being charged disproportionately higher interest rates and fees.
The Court went so far as to rule that the
plaintiffs properly
alleged that Domino's
violations were «willful.»
The Supreme Court stated in its opinion that
plaintiffs could not
allege procedural
violations, «divorced from any concrete harm,» which requires an injury to be «actual or imminent, not conjectural or hypothetical.»
Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) Two class action lawsuits filed in federal courts in Wisconsin by the same lawyers and the same lead
plaintiff within one week of each other and both
alleging the same cause of action underscore the prevalence of class action lawsuits for
violations...
Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR) A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead
plaintiff,
alleging violations of the federal Fair Credit Reporting...
The three complaints brought on behalf of individual
plaintiffs as well a class of similarly situated individuals essentially
allege the same type of
violation — that the employer failed to obtain a valid consent on a standalone form that did not contain extraneous information.
The court also denied the
plaintiff's class action certification, finding that the class could not
allege violations of the state's independent contractor statute.
Attorneys» fees and costs are properly awarded in cases where a
plaintiff succeeds in a lawsuit
alleging violations of constitutional rights by the government.
¶ 1 After purchasing a home in Enid, Oklahoma,
Plaintiff Jason Stauff (Buyer) filed an action
alleging violations of Oklahoma's Residential Property Condition Disclosure Act (Disclosure Act) and negligence against the sellers, real estate broker, and home inspectors.1 Buyer appeals a single trial court order granting 1) summary judgment in favor of Defendants Kimberly Bartnick and her husband, Roy Bartnick (collectively the Bartnicks or Sellers) and also 2) the motion to dismiss for failure to state a claim pursuant to 12 O.S. 2011 2012 (B)(6) filed by Defendant Paramount Homes Real Estate Co. (Broker or Paramount).