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Affirmative Defenses Class Action

California’s Auto-Renewal Law Leads to Wave of California Consumer Class Actions

by Seyfarth Shaw LLP on

California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer...more

HCA Holdings Must Present More Than “Speculation” of Affirmative Defenses to Defeat Class Certification, Sixth Circuit Holds

by Benesch on

Investors sued HCA Holdings, Inc., alleging that HCA’s registration statement and prospectus contained misrepresentations when HCA made its initial public offering in 2011. The district court certified a class of investors,...more

“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

by Robins Kaplan LLP on

In Bell Atlantic Co. v. Twombly, the Supreme Court injected a “plausibility” standard into Rule 12(b)(6) for claims asserting an alleged antitrust conspiracy. Since then, lower courts, scholars, and practitioners have written...more

Employer Loses WARN Affirmative Defenses In Class Action Due To Insufficient Description In Notice

by BakerHostetler on

Things seem to be going from bad to worse for defunct law firm Dewey & LeBoeuf. As criminal charges continue to loom for some former Dewey partners, the judge overseeing Dewey’s bankruptcy has now ruled that the firm cannot...more

Ninth Circuit Holds that Employers Are Entitled to Individualized Damages and Affirmative Defense Determinations in Wage and Hour...

by Littler on

In Wang v. Chinese Daily News, Inc., 2013 U.S. App. LEXIS 4423 (9th Cir. Mar. 4, 2013), the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential...more

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