Tag Archives: Action

Ninth Circuit Joins Fourth Circuit in Holding That CAFA's Class Action Removal Provisions Do Not Apply to State Parens Patriae Suits

It has certainly taken me long enough to get around to posting about it, but the Ninth Circuit issued an opinion earlier this month that raises an important issue for those of us who defend consumer class actions: what is … Continue reading

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A Quick Look at Class Action Securities Lawsuit Filings Through 3Q11

Securities class action lawsuit filings continued to accumulate during the third quarter of 2011, and the filing levels remain on pace for an above average year of securities class action litigation. As was the case in earlier quarters this year, … Continue reading

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No cause of action against purchaser under state consumer protection law

Benz Farm, LLP v. Cavendish Farms, Inc., — N.W.2d —-, 2011 WL 4089954 (N.D.) Benz sued Cavendish for breach of contract and violation of the North Dakota Unlawful Sales or Advertising Practices Act. Benz sells potatoes and Cavendish processes potatoes. … Continue reading

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Class Action Lawsuit by Park Avenue Restaurant Waiters Is Certified by Court

A lawsuit alleging that waiters at Park Avenue Restaurant were required to share tips with tip-ineligible employees was given the green light to move forward as a class action, according to the September 26, 2011 decision from the United States … Continue reading

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Carrier's Motion for Partial Summary Judgment in Bad Faith Action Denied

In Belsito v. Allstate Property & Casualty Insurance Company, the U.S. District Court for the Northern District of Ohio denied the carrier's motion for summary judgment that it did not act in bad faith when using fraud as a basis … Continue reading

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