Motion to Dismiss › Class Action

News & Analysis as of May 21, 2013

Case Involving Burger King Employee Spitting in Officer’s Burger Goes Before WA Supreme Court

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

by Michael Rosensaft, Allison Wuertz | Katten Muchin Rosenman LLP on 4/10/2013

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

Flawed Confidential Witness Allegations: A Crucial Issue in Securities Class Action Litigation

by Douglas W. Greene | Lane Powell PC - Securities / D&O Discourse on 4/4/2013

The recurring and pervasive problem of flawed confidential witness (“CW”) allegations tops my list of the key issues in securities class action litigation.* I don’t mean just notorious situations such as those recently at...more

Pfizer’s Motion to Dismiss Successful in Class Action Over Its Probiotic Advertising

by Rebekah Kaufman | Morrison & Foerster - Private Surgeon... on 2/5/2013

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why...more

EEOC to proceed with class action disability discrimination case against UPS

by Peter Felsenfeld | Barger & Wolen on 1/18/2013

In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United...more

Judge Reverses Prior Rulings Dismissing Case and Allows EEOC Disability Suit Against UPS to Proceed

by U.S. Equal Employment Opportunity Commission... on 1/16/2013

Federal Court Affirms Agency May File Class Complaint Without Complete Information on All Possible Bias Victims CHICAGO - On its own motion, a federal district court reversed itself Friday and denied a defendant's...more

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