SAN FRANCISCO (Reuters)- A lawsuit filed by drivers against ride service Uber should
not proceed as a class action, the company argued in a court filing on Thursday, citing written statements of support from hundreds of other Uber drivers in a case that could decide whether they are independent contractors or employees.
The case was unprecedented in that the U.S. District Court for the Northern District of Illinois ordered the claims to
proceed as a class action under the Federal Rules Of Civil Procedure.
In the alternative, if CN Rail made an error
then proceeding as a class action «would provide access to justice and judicial economy for a mass mistake in an efficient and manageable way.
If allowed to
proceed as a class action, the 2013 lawsuit could cover more than 160,000 California drivers and give plaintiffs leverage to negotiate a settlement.
If allowed to
proceed as a class action, the lawsuit could cover more than 160,000 California drivers.
The lawsuit, if allowed to
proceed as a class action, could cover more than 160,000 California drivers.
The Court was not satisfied that there was sufficient evidence of systemic wrongdoing and further of the opinion was that the claims of the class members were not sufficiently common to permit the case to
proceed as a class action.
Class certification decisions often turn on whether the claims of the proposed class raise sufficiently «common issues» to allow the action to
proceed as a class action, pursuant to the Class Proceedings Act4.
On June 26, 2012, the Ontario Court of Appeal ruled that 2 major lawsuits against CIBC and Scotiabank, alleging that employees were denied hundreds of millions of dollars worth of overtime pay, may
proceed as class actions.
Proceeding as a class action will not avoid duplication of fact - finding and legal analysis» and for this reason, the individual claims should be decided on a case - by - case basis, not in a group setting, the court ruled.
On September 18, 2017, Justice Silverman of the BC Supreme Court released his decision finding that the action has been certified to
proceed as a class action.
As a result of Justice Horkins» decision, the negligence claim based on constructive knowledge, as well as the other causes of action pleaded, will
proceed as a class action.
The Court was not satisfied that there was sufficient evidence of systemic wrongdoing and was further of the opinion that the claims of the class members were not sufficiently common to permit the case to
proceed as a class action.
In Ontario (and all of the other common law provinces except for Prince Edward Island which does not have class proceedings legislation), an action must be «certified» as a class action, a representative plaintiff must be appointed by the court, and common issues or questions of fact or law must be certified by a judge to be determined at trial before a case can
proceed as a class action.
On September 18, 2017, Justice Silverman of the BC Supreme Court released his decision finding that the action against Mac's Convenience Stores and three recruitment companies has been certified to
proceed as a class action.
The Ontario Superior Court of Justice has certified this action, which means it will
proceed as a class action.
Ontario Courts have characterized pension claims as uniquely - suited to
proceed as class actions.
The Austrian Supreme Court will consider whether a suit against Facebook Ireland can
proceed as a class action.