Sentences with phrase «which class action claims»

We have acted in a significant number of the largest and most complex class actions in recent years and have expert understanding of the relevant court rules in different jurisdictions and the basis on which class actions claims can be challenged.

Not exact matches

On August 2, 2005, CIBC paid US$ 2.4 billion to settle a class action lawsuit brought by a group of pension funds and investment managers, including the University of California, which claims that «systematic fraud by Enron and its officers led to the loss of billions and the collapse of the company.»

According to Bullard, «the DOL has laid out in detail written documentation examples of material conflicts of interest and the firm's program for mitigating them, which is a virtual roadmap — and also an evidentiary motherlode for bringing both arbitration claims and class actions against firms.»

For example, the Protestant doctrine that we are all sinners is reflected in the Freudian - Marxist behaviorist - positivist claptrap claiming that there is no virtue, that all our actions arise from dark psychic urges, exploitative class greed or biological impulses — which supposedly proves that talk about good and evil, right and wrong, and certainly saintliness is illusory.

While MLS commissioner Doug Logan denied Clemetson's allegations, the league's handling of Caligiuri underlined flaws in the system, which in February prompted 10 players to file a class - action suit against MLS, claiming that the league's restraints on players violated antitrust laws.

His claim that he's just a normal «middle - class guy» from Queens was blasted by Citizen Action New York, which said the governor's idea of what a middle class person is «would explain why he's consistently given tax cuts to the wealthiest households in New York — like his own — while neglecting the true middle and working class families of our state.»

Lynda Kelly and Miranda Soegi of California have initiated a federal class action lawsuit which claims that eHarmony does not have a scientifically proven system for matching members.

Now, thanks to that investigation, the original class action suit which sought to return some of the $ 250 million that some estimates claim consumers overpaid may fall by the wayside as three of the publishers involved are working to reach a settlement with all fifty individual state governments.

Please help before reading this my daughter has just today signed up with PRemier Student Loan Center and gave her Bank info to pay for some loan forgiveness program that they claimed was a class action lawsuit called the NAvient LAwsuit which we did see info on the web for from Forbes mag to Market watch today they just said that 16 + k would be forgiven and put my daughter into some payment plan giving her via email a break down of payments etc..

claims that are currently the subject of purported class action litigation in which you are not a Member of a certified class; and

Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

ARBITRATION: The Cardmember Agreement provides that we may choose to resolve a claim relating to your account by binding arbitration, in which case, you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participate in a class action in court or arbitration.

Shopper's Drug Mart this week settled a long - standing class action with a Quebec consumers» rights group, which filed claim in 2010 after Pharmaprix changed the Optimum points program.

Arbitration Provision: Should a dispute arise, you agree to resolve the matter through Arbitration, in which case you will not have the right to have that claim resolved by a judge or jury and you will not have the right to participated in a class action.

Seven different class action lawsuits brought against Blue Buffalo from across the U.S. were combined into a single jurisdiction in Missouri after laboratory testing (performed at the request of pet food giant, Purina) proved that the pet food, which claimed to use absolutely no by - products actually contained by - product meal.

The Card Member Agreement includes an arbitration provision, which impacts the opportunity to have claims related to the Account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

Your Card Member Agreement includes an arbitration provision, which restricts your opportunity to have claims related to the account heard in court or resolved by a jury, and to participate in a class action or similar proceeding.

In April 2013, two plaintiffs attempted to bring a class action lawsuit against Sega and Gearbox, which they claim used «bait and switch» tactics with the game's marketing.

A California attorney has dropped his putative class action against Avvo in which he claimed that by using attorneys» names and likenesses on its website, Avvo was violating California's laws on rights of publicity and unfair competition.

The claim makes a point in para. 12 of noting that Tasini was also the lead plaintiff in the class - action, New York Times Co. v. Tasini, 533 U.S. 483 (2001), which was successful at the Supreme Court of the United States in finding that the New York Times could not license freelance journalist work in back issues of electronic databases.

So, the Ontario Superior Court has added to the decisions confirming that class action proceedings are appropriate — even preferable — for claims arising from mass terminations, even if the common issues trial won't dispose of all the issues and some of the class members have already started or finished proceedings in other forums, particularly with the Ministry of Labour and the Labour Relations Board, which preclude class claims.

Many of its files will be familiar to regular readers of the national media, and include the $ 9 - billion Sino - Forest Corp. shareholder class action claim; an application against Rogers Communications Inc. and Chatr Wireless Inc. involving a constitutional challenge to the Competition Act; and a case concerning oil pollution in the Amazon in which the firm acted for Ecuadoran plaintiffs.

Lots of Depuy hip replacements claims filed by individual victims of these complications actually form part of larger class action lawsuits against the manufacturers Depuy and in which the personal injury lawyers who work for Ketchmark and McCreight, P.C. have years of experience to draw on.

Although toxic tort claims can be filed on behalf of an individual, they often seek compensation for a group of people, which is referred to as a class action lawsuit.

The types of claims brought, and the means by which they are run and funded, mean that the use of ad hoc approaches to practical issues in the management of class actions risks inconsistent results unless the regime is improved to meet these new challenges.

But, while the Class Action Fairness Act of 2005 allows many class action lawsuits which would otherwise be brought on exclusively state law claims in state court to be brought in federal court, or removed from state court to federal court, it does not authorize class action lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court eiClass Action Fairness Act of 2005 allows many class action lawsuits which would otherwise be brought on exclusively state law claims in state court to be brought in federal court, or removed from state court to federal court, it does not authorize class action lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court eAction Fairness Act of 2005 allows many class action lawsuits which would otherwise be brought on exclusively state law claims in state court to be brought in federal court, or removed from state court to federal court, it does not authorize class action lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court eiclass action lawsuits which would otherwise be brought on exclusively state law claims in state court to be brought in federal court, or removed from state court to federal court, it does not authorize class action lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court eaction lawsuits which would otherwise be brought on exclusively state law claims in state court to be brought in federal court, or removed from state court to federal court, it does not authorize class action lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court eiclass action lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court eaction lawsuits that could not be brought in a state court which a U.S. District Court is located due to lack of either general jurisdiction or specific jurisdiction from being brought in that federal court either.

A great deal of our work involves class actions, in which a large number of clients come together to put in a claim against large corporations or organizations that have caused them harm as a group.

More recently, there have been several cases in which class actions have been certified for claims arising out of historical sexual abuse and, in particular, sexual abuse claims against private schools, religious organizations and government - run facilities.

Defended multinational bank against securities fraud claim in case in which the court denied class action certification in decision involving the efficient market hypothesis and fraud on the market theory.

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.

Settlement of civil claims can also carry risks for a company under investigation, in particular class action settlements, which are public.

The lawsuit, which is seeking class action status, claims that the spray fabric protector that customers pay extra for is either not applied or poorly applied.

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.

In 2009, Ms. Goodman was co-lead trial counsel in one of the few class action ERISA cases ever to be tried, which involved claims against the fiduciaries of the 401k plan of an S&P 500 company for imprudent investment in company stock and misrepresentations to plan participants.

This is the province's first - ever class action involving the new tort of «intrusion upon seclusion», which allows individuals to advance a civil claim for damages against an intruder who intentionally invades their privacy, without legal justification, in a manner that is highly offensive to the reasonable person.

He pointed specifically to the Fairness in Class Action Litigation Act and the Furthering Asbestos Claims Transparency Act, both of which passed the U.S. House of Representatives last year.

The debate turned on whether an action to enforce a foreign judgment was a claim within section 16 (1) of the Limitations Act, 2002, which creates a class of claims to which no limitation period applies.

The complaint in the civil suit against Maggio claimed that Maggio had abused the public trust, which is a class D felony in Arkansas, and that this abuse made him liable to Ms. Bull's estate under the statute that allows victims of a felony to bring a civil action; that Maggio breached a fiduciary duty to the plaintiffs by engaging in conduct that violated certain judicial and statutory rules; that Maggio engaged in a civil conspiracy with Gilbert Baker and Michael Morton; and that Maggio acted in concert with Morton and Baker.

Encouraged by the results of the Vioxx litigation in the U.S., which proceeded by way of individual mass tort cases rather than a class action, Will Davidson LLP decided to take a similar approach for their 215 clients with claims arising from allegedly defective pelvic mesh devices.

Mark Cahill, a partner since 1992, focuses on bringing creativity and practical business judgment to his litigation practice, which includes disputes arising from mergers and acquisitions, sophisticated insurance coverage claims and analysis, corporate finance and governance matters, class actions and other complex business litigation.

If the relevant consumer protection law has a minimum $ 5,000 statutory damages amount for some claims covered by the clause, this clause would prevent it from being invalidated, while allowing the merchant to still have access to the consumer unfriendly arbitration forum in which class action lawsuits are probably also barred while class action lawsuits would not be in court.

In the class action suit, Christy is asserting claims against the U.S. government founded upon the breach of express or implied contract claims to which the U.S. is a party,

Timminco concerned a proposed class action in which the plaintiff sought to assert a claim for secondary market misrepresentation pursuant to section 138.3 of the Ontario Securities Act, R.S.O. 1990, c. S. 5 (the «OSA»), for which leave of the court is required under s. 138.8 (1).

In the meantime, two further secondary market liability cases had come before the Court of Appeal on appeal: Green v. Canadian Imperial Bank of Commerce (2012 ONSC 3637), in which Justice Strathy reluctantly declined to certify a class action because it was time - barred by the three - year limitation period; and Silver v. IMAX (2012 ONSC 4881), in which Justice van Rensburg granted an order issuing retroactive leave under s. 138.8 of the OSA to allow the claim to proceed.

On June 25, 2009, I reported on the decision in Fresco v. Canadian Imperial Bank of Commerce, in which a Superior Court judge refused to certify a class action for employees of CIBC claiming overtime pay.

Representation of a major homebuilder in a putative class action in which home buyers claimed the client developed, marketed, financed and sold homes to the plaintiffs while failing to disclose that the homes were located on or adjacent to a former World War II military training site, which was alle...

Other highlights include securing a third consecutive victory for Credit Suisse in Idaho federal court in July 2016 that defeated all remaining claims in a $ 24 billion class action regarding loans made to developers of luxury resorts, which followed our successful defeat of class certification.

The prospect of multi-party litigation is accompanied by the spectre of US - style class actions, which to many is anathema (hence the multiplicity of synonyms for «class actions» used in discussion of the topic: «collective claims», and «consumer collective redress» being two).

Over recent years, the firm has defended food and pet companies in multiple consumer class action claims, over a dozen of which were based in California.

High - stakes products litigation typically requires our clients to mount their defense on multiple fronts, which may include class action litigation, multidistrict litigation, individual personal injury actions at the state and federal level, consumer fraud actions, actions by health care providers, False Claims Act litigation, actions by state attorneys general, government investigations, and internal reviews.