Sentences with phrase «pursue class claims»

Not exact matches

She said that while arbitration bars customers from pursuing class - action cases, it doesn't block them from other legal venues like small claims court.

In Tyson Foods v. Bouaphakeo (No. 14 - 1146) a different court of appeal agreed that a class of workers could be certified as a group to pursue their members» claim that they should have been paid for the time when they were putting on safety equipment.

In addition, the main thrust of the report's criticism, that the state's ESSA plan is not sufficiently similar to what it would have been had No Child Left Behind remained in effect, assumes the test - based accountability strategy that these reviewers have made their careers pursuing had been effective, which it has not; and therefore, when coupled with the false claim that California has high - quality academic standards and assessments, which it doesn't (California's standards being based on the Common Core, which leaves American students 2 - 3 years behind their peers in East Asia and northern Europe), California's families remain well advised to opt out of state schooling wherever and whenever possible, until the overreach from both the federal and state capitals is brought to an end and local schools that want to pursue genuinely world - class excellence can thrive.

«While we will continue to pursue our claims against them, we decided that it is in the best interest of our pet parents and our company to resolve the class actions now.

After careful analysis of the claim, Justice Perell decided not to exclude group 1 because although they could not pursue damages for wrongful dismissal, they were free to advance claims for the other aspect of the class action suit.

If you are unlikely to win class certification, then we will discuss your option of pursuing your legal claim individually.

The Court of Appeal's decision confirms that strata owners can pursue strata - related claims as a class action.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

While there are certainly advantages to pursuing historical sexual abuse claims by way of a class action, there are also distinct disadvantages.

The case demonstrates that the class of easement is not closed; and in R (Kigen and another) v Secretary of State for the Home Dept [2015] EWCA Civ 1286 the Court of Appeal confirmed that the court may not accept that delays in the grant of legal aid justify a delay in pursuing judicial review claims (read our blog here).

A class arbitration waiver prohibits more than one similarly situated person from joining forces - in arbitration - to pursue their claims together.

Third - party funding has emerged globally and in Canada as a means by which claimants can pursue a class action lawsuit and minimise their risk to adverse cost consequences for claims that do not succeed.

The truth is that in a situation like the Firestone tire failures, many injured parties might recover less in a class - action lawsuit than they would pursuing their own claims, which is part of the basis for the recent Supreme Court decision.

Instead of starting separate lawsuits or having each plaintiff named in the case, the representative plaintiff can pursue the claim on behalf of the class.

In certifying the action as a class proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of acclass proceeding and granting leave to pursue a s. 138 claim, Belobaba J. focused on two aspects integral to asserting the statutory cause of action: the test for leave to pursue such a proceeding, and the requirement under the Class Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of acClass Proceedings Act, S.O. 1992, c. 6, that the pleadings disclose a cause of action.

2013)(successfully obtained published Eighth Circuit decision reversing district court's dismissal of two consumer class actions on the grounds that that consumers lack injury - in - fact for purposes of Article III standing to pursue a claim for statutory damages arising out of federal notice requirements)(briefed and argued)

The general rule is that it is not a conflict for the representative plaintiff that some of the class members may not desire to pursue the claim applies.

D. GPM is given the authority to opt the Client out of any class action proceeding relating to the claims authorized herein and / or pursue the Client claim individually in a group action, if the Client is not appointed Lead Plaintiff and GPM is not appointed Class Couclass action proceeding relating to the claims authorized herein and / or pursue the Client claim individually in a group action, if the Client is not appointed Lead Plaintiff and GPM is not appointed Class CouClass Counsel.