In a recent blog post, we discussed the implications of the Ontario Superior Court of Justice’s decision in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP and, in particular, the findings in respect of the preferable procedure requirement for class certification.
Plaintiffs Seeking Remand Under CAFA Home State Exception Must Present Evidence of Putative Class Members’ Citizenship
Recently, the United States Court of Appeals for the Seventh Circuit ruled that a plaintiff seeking to remand a putative class action under the Class Action Fairness Act’s (“CAFA”) home-state exception must produce evidence allowing the court to determine the putative class members’ citizenship as of the date the case was removed to federal court.
In an opinion that disappointingly failed to take advantage of countless pun opportunities, a federal judge in New York otherwise got it right, ruling that the United States Tennis Association properly classified U.S. Open tennis officials as independent contractors, not employees.
A “Core” Decision: Lessons On the Leave Test for Alleged Misrepresentations in U.S. Disclosure Documents
In providing a statutory right of action in respect of misrepresentations contained in secondary market disclosure, the Ontario Securities Act (OSA) distinguishes between those misrepresentations contained in “core documents” and misrepresentations contained in non-core documents.
Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based On Alleged “Unofficial Policy”
On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the employer’s lawful written policy to pay nonexempt employees for all hours worked.
Potential for Recovery in Excess of Jurisdictional Minimum is Not Sufficient to Establish Amount in Countroversy, Which
A District Court in Louisiana granted the plaintiffs’ motions to remand holding that the mere potential for recovery in excess of the jurisdictional minimum was not sufficient to establish the amount in controversy, and that the defendants must show that it was more likely than not that the plaintiffs would recover more than the jurisdictional minimum.
Trying to catch a cab in New York City is not for the faint of heart. In addition to the traditional “yellow cabs,” which often treat the city streets like a NASCAR track, there are many “Black Car” companies that offer rides through dispatch systems that allow for scheduled pickups.
Class. Some litigants have it. Some don’t.
Picture this: you’re enjoying a lovely evening with friends inside a hole-in-the-wall restaurant in Brooklyn. As the evening is winding down, the clouds open up and give way to a torrential down-pour.
Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were clipped from lost lines of Lewis Carroll’s Jabberwocky poem, perhaps as something similar to “Iqbal were the Civil Rules, and Twombly they did reign.”