News & Analysis as of

Dismissals FRCP 23

A&O Shearman

Delaware Court Of Chancery Dismisses Demand-Refused Derivative Suit After Considering The Disinterestedness Of The Special...

A&O Shearman on

On February 12, 2019, Vice Chancellor Kathaleen S. McCormick of the Delaware Court of Chancery granted a motion to dismiss a stockholder derivative suit against the former CEO and directors of United Continental Holdings,...more

Bilzin Sumberg

Defense Victory in Product Labeling Class Action

Bilzin Sumberg on

On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more

Seyfarth Shaw LLP

Federal Court Scuttles Class Action Settlement Objectors’ Motion To Dismiss Lawsuit Brought By Plaintiff Class Action Firm

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more

Bass, Berry & Sims PLC

Chris Lazarini Examines New York Court's Definition of "Class Action" and "Members of the Class"

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the New York Court of Appeals provided guidance on Rule 908 of the New York Civil Practice Law and Rules, deciding that Rule 908 requires sending notice of a...more

Benesch

Sixth Circuit Reverses Defendant’s TCPA Class Action Win

Benesch on

This case is more than merely an appellate adjudication of a TCPA case. It’s an announcement of class certification law by the Sixth Circuit Court of Appeals....more

Proskauer - Minding Your Business

Home Depot Data Breach Derivative Suit Sent Home

Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot. Home Depot is a multinational home improvement retailer. In September, 2014,...more

Alston & Bird

Eleventh Circuit Refuse En Banc Rehearing Of Its Decision Applying Shady Grove

Alston & Bird on

This week, the Eleventh Circuit denied a motion for an en banc rehearing of its July decision to reverse the dismissal of a class action brought in the Northern District of Alabama. The decision in July was premised on the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Weighs In On FLSA Class Action Issues

On April 16, 2013, the U.S. Supreme Court ruled in Genesis Healthcare Corp. et al. v. Symczyk that a collective action brought by a worker under the Fair Labor Standards Act (FLSA) was properly dismissed because the worker’s...more

Fisher Phillips

Supreme Court Rules Dismissal Of FLSA Collective Actions Are Appropriate When Individual Claim Is Rendered Moot

Fisher Phillips on

On April 16, 2013 the U.S. Supreme Court upheld the concept that a wage and hour collective action brought pursuant to the Fair Labor Standards Act (FLSA), can be dismissed for lack of subject matter jurisdiction when the...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide