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Charles L. Edson, Peabody & Brown, Washington, DC, argued, for plaintiffs-appellants. With him, on the brief, were Harry J. Kelly and Richard M. Price...
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In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages, if a defendant employer makes a Rule 68 offer of judgment, courts will often dismiss the entire collective action as having been mooted by the named plaintiffs' recovery. The outcome of such a dichotomy is that low-wage workers are increasingly unable to challenge unlawful wage violations successfully because the aggregation mechanism is too easily defeated. This article examines this rising phenomenon by first outlining the pressing societal need for collective litigation to ensure that adequate and available legal remedies remain for...
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- Jessie Short and 104 Named Plaintiffs, and Rethema I. Barber and 2,499 Other Named Plaintiffs, Plaintiffs/Cross-Appellants, and Dennis W. Barnes and the Remaining 1,139 Plaintiffs, Plaintiffs, v. the United States, Defendant-Appellant, v. the Hoopa Valley Tribe of Indians, Defendant-Appellee/Cross-Appellee., 50 F.3d 994 (Fed. Cir. 1995)
Edward J. Shawaker, Atty., Environment & Nat. Resource Div., Washington, DC, argued, for defendant-appellant. With him on the brief, were Lois J. Schi...
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HOUSTON -- Judge Carl J. Barbier named Schechter, McElwee, Shaffer & Harris co-counsel Paul Sterbcow to the Plaintiffs' Steering Committee for the Dee...
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Leonard J. Stayton, for Clarence M. Adkins.
Paul S. Bamberger, James R. Hampton, Michael Holland, Edgar N. James, Judith A. Scott, Robert H. Stropp, ...
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The federal judge overseeing the massive BP oil spill multi- district litigation has appointed a core group of plaintiffs' lawyers to lead roles in the litigation.
In an Oct. 8 order, Judge Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana named 15 lawyers - from large, national personal injury firms, as well as smaller, Gulf Coast-based firms - to the plaintiffs' steering committee.
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Until recently, attorney Greg Leyh had never handled a foreclosure case. Now he may be taking on hundreds of thousands of them.
Leyh, an attorney in Gladstone, has filed a potential class action lawsuit against Mortgage Electronic Registration Systems, or MERS, a private company involved in millions of mortgage loans throughout the country. If successful, the lawsuit could save its named plaintiffs from foreclosure, but it could also have far- reaching consequences.
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Class actions have become quite controversial. You regularly hear class actions criticized as a form of "extortion" or "legalized blackmail." This controversy regarding class actions has brought calls for reexamination and reform. A class action permits numerous claims to be adjudicated simultaneously without the need for each individual class member to institute a separate lawsuit. Class actions unquestionably have both a "representative" component and an "aggregate" component. A class action proceeds through the use of one or more named plaintiffs who serve as class representatives and who represent the interests of all class members, both present and absent. Re to focus on the aggregate -- and thereby focus on the efficiency concerns of class litigati...
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Ira M. Lechner, Katz & Ranzman, Washington, D.C., argued, for plaintiffs-appellants.
Kathryn A. Bleecker, Atty., Commercial Litigation Branch, Dept. ...
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SEATTLE, Aug. 28 /PRNewswire/ -- Attorneys representing 500 striking employees at Coke filed a class action lawsuit against the Company yesterday for violations of the Employee Retirement Income Security Act (ERISA) after Coke canceled the employees' health care. Five plaintiffs were named in the complaint.
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