Sentences with phrase «proceeding as a class proceeding»

4 (1) The court must certify a proceeding as a class proceeding on an application under section 2 or 3 if all of the following requirements are met:... (c) the claims of the class members raise common issues, whether or not those common issues predominate over issues affecting only individual members;

Not exact matches

Though Thursday's hearing wasn't about the lawsuit itself, whether Judge Chen allows the drivers to proceed as a class could dramatically alter its course.

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.

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 Hearst suit is going less well for the plaintiffs, as a judge has denied them class action status, but is allowing the suit to proceed.

We sell our units on a continuous basis at initial offering prices of $ 10.00 per Class A unit, $ 9.576 per Class C unit, and $ 9.186 per Class I unit; however, to the extent that our net asset value on the most recent valuation date increases above or decreases below our net proceeds per unit as stated in the Company's prospectus, our board of managers will adjust the offering prices of all classes of units to ensure that no unit is sold at a price, after deduction of selling commissions, dealer manager fees and organization and offering expenses, that is above or below our net asset value per unit as of such valuation date.

Conversion Rights — All convertible preferred stock will be automatically converted into common stock upon (i) the closing of an underwritten public offering of shares of common stock of the Company at a public offering price per share that provides at least $ 100 million in aggregate gross proceeds or (ii) approval of at least (a) holders of 66 % of the Series A convertible preferred stock, voting as a single class on an as - converted basis; (b) holders of a majority of the Series B convertible preferred stock, voting as a single class on an as - converted basis; (c) holders of a majority of the Series D convertible preferred stock, voting as a single class on an as - converted basis; and (d) the holders of at least a majority of the then outstanding shares of convertible preferred stock (voting together as a single class and not a separate series, and on an as - converted basis).

The adjustment assumes there will be no additional distribution in the event the gross proceeds from the offering exceed the anticipated gross proceeds (including as a result of the exercise by the underwriters of their option to purchase additional shares of Class A common stock).

The Company's board of directors also approved an additional distribution to its members, to the extent the gross proceeds of the Company's planned initial public offering exceed the anticipated gross proceeds (including as a result of the exercise by the underwriters of their option to purchase additional shares of Class A common stock), in an amount equal to the product of (A) the increased gross proceeds and (B) 0.273, to be paid from the proceeds of the Company's planned initial public offering.

The lawsuit, if allowed to proceed as a class action, could cover more than 160,000 California drivers.

Furthermore, just as comprehensive schools are desirable as a solvent of social class lines, so classes with students of differing abilities are valuable, provided the classes can be internally organized so as to let students proceed at their own pace, with enrichment through greater depth and scope of materials independently mastered by the most able students, and with special assistance by the teacher for the less able.

In a previous article (PP), we have attempted to characterize physics, and perhaps science more generally, as proceeding via a class of correspondences, suggestively termed projections,

These multiple aims of churches and schools are again multiplied as one proceeds from grand statements about the purpose of the large organizations to the specialized goals of boards and departments, of courses and classes, of rural and urban congregations, of ministries of preaching and education and pastoral work and of preparation for such particular functions.

With Niebuhr's concept of faith as a foundation for experience and Gustafson's suggestion that theology is a way of construing the world, the class proceeded to consider the Reformed tradition, postliberal theology and perspectival theology.

even when he suffered a serious knee injury, instead of accepting the fact that he would never stick his legs into the spaces that were crucial for someone with straight ahead speed to succeed, the club actually contemplated giving him a chance to play up top where his lack of physicality, size and holding up play talents would been on display for all to see... these are not the actions of a club that really cares about winning at the highest levels, but they are the actions of a club that wasn't interested in spending the necessary resources to purchases a world - class striker, which is usually the most expensive position on the pitch... instead we adopted the horrible phrase «like a new signing» and proceeded to allow this ridiculous experiment to carry on, which ultimately caused some discomfort on the training pitch and inside the locker room as players battled for a position that shouldn't have been theirs for the taking in the first place... don't get me wrong, I believe that Walcott is a talented player, who can help a team reach their goals, if their goals are relatively modest... just look at the teams who supposedly expressed interest in his services and they weren't the kind of clubs who aspire to win at the highest levels... as for the reasons why he hasn't been bitching and moaning about moving on just look at the wage benefits he receives from our club and his obvious desire to enjoy the societal advantages that come with playing in North London for a club with worldwide appeal... so instead of continuing to try to fix a coat with a broken zipper simply move on and buy a new and better coat

Although it will be incredibly difficult to ever match his contributions on the pitch, it's vitally important for a former club legend, like Henry, to publicly address his concerns regarding the direction of this club... regardless of those who still feel that Henry has some sort of agenda due to the backlash he received following earlier comments he made on air regarding Arsenal, he has an intimate understanding of the game, he knows the fans are being hosed and he feels some sense of obligation, both professionally and personally, to tell it like he sees it... much like I've continually expressed over the last couple months, this team isn't evolving under this current ownership / management team... instead we are currently experiencing a «stagnant» phase in our club's storied history... a fact that can't be hidden by simply changing the formation or bringing in one or two individuals... this team needs fundamental change in the way it conducts business both on and off the pitch or it will continue to slowly devolve into a second tier club... regardless of the euphoria surrounding our escape act on Friday evening, as it stands, this club is more likely to be fighting for a Europa League spot for the foreseeable future than a top 4 finish... we can't hope for the failures of others to secure our place in the top 4, we need to be the manufacturers of our own success by doing whatever is necessary to evolve as an organization... if Wenger, Gazidis and Kroenke can't take the necessary steps following the debacle they manufactured last season, their removal is imperative for our future success... unfortunately, I strongly believe that either they don't know how to proceed in the present economic climate or they are unwilling to do whatever it takes to turn this ship around... just look at the current state of our squad, none of our world class players are under contract beyond this season, we have a ridiculous wage bill considering the results, we can't sell our deadwood because we've mismanaged our personnel decisions and contractual obligations, we haven't properly cultivated our younger talent and we might have become one of the worst clubs ever when it comes to way we handle our transfer business, which under Dein was one of our greatest assets... it's time to get things right!!!

But this morning, he called Mitt Romney's selection of Ryan a «real moment of frankness and candor,» and then proceeded to tear into Ryan's budget plan as a «paint - by - numbers picture» of an America in which the middle class would be asked to shoulder an ever - greater economic burden.

The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding.

In Mark Pellington's «Henry Poole Is Here,» Luke Wilson, as Henry, is first seen buying a house for himself in a middle - class neighborhood in L.A. suburbia, where he proceeds to stock up on vodka and Krispy Kreme doughnuts.

She immediately proceeds to verbally degrade Harry's long - dead parents (and, in a surprisingly harsh exposure of the series» oft - latent class subtext, compares them to dogs, referring to the mother explicitly as a bitch), and Harry reacts, for the first time in the series, with an irrational use of magic, inflating her like a balloon to the point where she levitates off the ground and floats away.

That goal, which doubles as Diaz's own insistently self - deprecating joke about her flat chest, drives Elizabeth to do all sorts of disreputable things, like steal proceeds from a school car wash (where she reels in customers via a skimpy Daisy Dukes outfit) and compete for a salary bonus by drugging a state official (Thomas Lennon) and filching a test so that her class will perform better than all others, and especially that of ultra-cheery rival Amy (Lucy Punch).

It's a film, not just about race, but about class and gender as well, and how the station one's born in will practically determine the ease by which one's life will proceed, for no other reason than societal norms and traditions.

Today, as Tennessee proceeds with Gateway testing, the majority of districts across the state have reduced class sizes to meet mandates established by the legislature.

In the foreground, class proceeds as usual, with the teacher and students engaging in productive work.

Under a competency - based approach, the «class» is not the defining unit for the learner; instead, the individual student is the unit and progresses along the learning path and proceeds only as competencies have been met.

The studies, both by the Community College Research Center at Teachers College, Columbia University, found that as many as a third of students sidetracked into remedial classes because of their scores on standardized tests would have earned a B or better if they had simply proceeded directly to college - level courses.

The 2019 Mercedes - Benz G - Class looks more - or-less the same as all of those that proceeded it.

Finding little success as an actor he got the idea of teaching public speaking and persuaded the manager of the YMCA where he was staying in in New York to let him instruct a class in return for 80 % of the net proceeds.

The parties agree that either party may bring claims against the other only in his / her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

There are at least three ways of doing that: making bets that the market or particular sectors or securities will fall (long / short equity), shifting assets from overvalued asset classes to undervalued ones (flexible portfolios) or selling stocks as they become overvalued and holding the proceeds in cash until stocks become undervalued again (absolute value investing).

Therefore, the dogs should attend puppy socialization classes to learn basic manners, and then proceed on to obedience training as soon as they are old enough.

Shelters and rescues can host the classes themselves or anyone who wants to organize a Pet CPR class as a fundraiser can have the proceeds donated to benefit their favorite animal charity.

Players pick from 10 various classes, or «perks,» such as field medic, demolitionist, and more, then they proceed to various areas and try to survive waves of zombies called Zed.

To say that behaviour modification is an objective of class actions does not mean that the promise of deterrence is a sufficient justification for proceeding as a class.

The students brought a motion to certify their action as a class proceeding pursuant to the Class Proceedingsclass proceeding pursuant to the Class ProceedingsClass Proceedings Act.

Seems like an incredible waste of judicial resources but that's what happens when cases can not proceed as a class.

determining that, as a result of recent Supreme Court decisions, the litigation was now «prohibitively high - risk», but nevertheless requiring the plaintiff to incur the time, expense and exposure in proceeding with a class action that had become no longer viable.

The issue at the certification stage is whether the proceeding is appropriately prosecuted as a class proceeding.

Inc. paid out more than US$ 20 million to settle a class action and consumer protection claims brought forward by a number of state governments, over the health benefits it attributed to its yogurt and a dairy drink product (In 2013, it settled a similar class action proceeding in Quebec, where it is known as Danone Inc., for an estimated $ 1.7 million, without admitting any wrongdoing).

The judge denied plaintiff» smotion for class certification, but allowed the matter to proceed as a «test case.»

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.

Last June, the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial.

Those issues aside, a significant factor in pursuing a class proceeding, as opposed to a multi-plaintiff or strata corporation action, is to minimize discovery costs.

As well, she had a very different interpretation of how to balance the class proceeding and securities statutes.

The second legal proceeding asks the Quebec Superior Court for certification as a class action for the purpose of seeking reimbursement of government processing fees in the event that the first legal proceedings is not successful.

Ontario's Divisional Court conditionally certified the action as a class proceeding in April 2009, and the Ontario Court of Appeal dismissed an attempt by Quizno's to stay the proceedings in a June 2010 ruling.

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.

We endeavour to keep class members advised as the action proceeds by updating our website of major events in the litigation, and by way of email to any class members who have provided that information to us.

Once posted, a class action proceeding will remain on the database unless dismissed as a class action by the court.

Perell ruled that records relating to J.K.'s crimes and incarceration, which took place when he was a minor, are relevant to his motion to certify the matter as a class proceeding.