Class Actions 2021 Class Actions 2021
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
May 2 8 2019
Case 3:17-cv-01127-WQH-KSC Document 142 Filed 05/28/19 PageID.<pageID> Page 1 of 50 1 FILED 2 MAY 2 8 2019 3 CLERK, U.S. DISTRICT COURT SOUTi'lcRN DISi'RICT OF ~)~1.IFORNIA 4 B'f _0:!:. OEP~!JY. 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KENNETH J. MOSER, individually, and Case No.: 17cvl 127-WQH(KSC) --~ _ on behalf of all others similarl:x situated,,_.1_________________ 1 __ 12 ORDER RE JOINT MOTION FOR Plaintiff, 13 DETERMINATION OF DISCOVERY v. DISPUTE RE INTERROGATORIES 14 AND DOCUMENT REQUESTS HEALTH INSURANCE 15 SERVED ON PLAINTIFF BY INNOVATIONS, INC., a Delaware DEFENDANT DONIS! JAX, INC. 16 corporation, et al., 17 Defendants. [Doc. Nos. 97 and 98.] 18 19 20 Before the Court are: (1) a 76-page Joint Motion for Determination of Discovery 21 Dispute [Doc. No. 97] addressing interrogatories served on plaintiff by defendant Donisi 22 Jax, Inc.; and (2) a 151-page Joint Motion for Determination of Discovery Dispute 23 addressing document requests served on plaintiff by defendant Donisi Jax, Inc. [Doc. No. 24 98.] In these two Joint Motions, defendant Donisi Jax, Inc. seeks an order compelling 25 plaintiff to provide further, substantive responses to certain interrogatories and document 26 requests. The subject interrogatories and documents requests at issue are interrelated as 27 they seek documents and information on the same topics. These two Motions are the fifth 28 and sixth discovery disputes in this case [Doc. Nos. 75, 83, 84, 87, 99, 100, 101, 102, 118], I . -
Agreement and Release of All Claims
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (“Agreement”) is made and entered into by and between ANDRES ALEXANDER CACEDA-MANTILLA and CITY OF PALMER, ALASKA (hereinafter collectively referred to as “the Parties”). “Claimant” shall collectively mean Andres Alexander Caceda-Mantilla and his respective heirs, executors, administrators, successors, trustees, and assigns. “Released Party” shall collectively mean City of Palmer, Alaska, and its respective, employees, assigns, heirs, agents, attorneys, adjusters, insurers, and re-insurers. I. Recitals A. The purpose this Agreement is to facilitate the settlement, dismissal with prejudice, and release of any and all claims which were asserted, or which could have been asserted, with respect to the facts giving rise to Andres Alexander Caceda-Mantilla v. City of Palmer, Alaska, Kristi Muilenburg, Jamie Hammons, Daniel Potter, and Hilary Schwaderer, Case No. 3PA-18-01410 CI, a lawsuit now pending in the Superior Court for the State of Alaska at Palmer (“the Lawsuit”). B. The City of Palmer denies all the allegations of the Lawsuit and specifically denies that it has any liability based on the allegations set forth in the Lawsuit. C. The City of Palmer regrets any inconvenience, embarrassment, or personal hardship the incident may have caused Mr. Caceda-Mantilla. D. The Parties desire to enter into this Agreement to provide, among other things, for consideration in full settlement and discharge of all claims and actions of {00821062} SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Andres Alexander Caceda-Mantilla v. City of Palmer, Alaska, et al., Case No. 3PA-18-01410 Civil Page 1 of 9 Claimant for damages that allegedly arose out of, or due to, the facts and circumstances giving rise to the Lawsuit, on the terms and conditions set forth in this Agreement. -
The Shadow Rules of Joinder
Brooklyn Law School BrooklynWorks Faculty Scholarship 2012 The hS adow Rules of Joinder Robin Effron Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Other Law Commons Recommended Citation 100 Geo. L. J. 759 (2011-2012) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. The Shadow Rules of Joinder ROBIN J. EFFRON* The Federal Rules of Civil Procedure provide litigants with procedural devices for joining claims and parties. Several of these rules demand that the claims or parties share a baseline of commonality, either in the form of the same "transactionor occurrence" or a "common question of law or fact." Both phrases have proved to be notoriously tricky in application.Commentators from the academy and the judiciary have attributed these difficulties to the context- specific and discretionary nature of the rules. This Article challenges that wisdom by suggesting that the doctrinal confu- sion can be attributed to deeper theoretical divisions in the judiciary, particu- larly with regardto the role of the ontological categories of "fact" and "law." These theoretical divisions have led lower courtjudges to craft shadow rules of joinder "Redescription" is the rule by which judges utilize a perceived law-fact distinction to characterizea set of facts as falling inside or outside a definition of commonality. "Impliedpredominance" is the rule in which judges have taken the Rule 23(b)(3) class action standard that common questions predominate over individual issues and applied it to other rules of joinder that do not have this express requirement. -
Settlement Agreement and General Release
SETTLEMENT AGREEMENT AND GENERAL RELEASE For valuable consideration as hereinafter set forth, this Settlement Agreement and General Release ("Agreement") is entered into by and between Karen McDougal ("McDougal"), on the one hand, and American Media, Inc. ("AMI"), on the other hand, to memorialize their agreement with reference to the Recitals set forth herein. McDougal and AMI are collectively referred to herein as the "Parties," and any one of them is sometimes referred to herein as a "Party." This Agreement is made effective as of the date of the last of the Parties' signatures below (the "Effective Date"). RECITALS WHEREAS, McDougal is the plaintiff and AMI is the defendant in an action entitled Karen McDougal v. American Media, Inc., et al., Superior Court for the State of California, for the County of Los Angeles (the "Court"), Case No. BC 698956 (the "Action"), which contains a single cause of action for declaratory relief. WHEREAS, AMI has filed a Special Motion to Strike the Complaint in the Action pursuant to California's anti-SLAPP statute, Code of Civil Procedure § 425.16, and has requested that the Court award attorney's fees and costs against McDougal. WHEREAS, the Parties each deny any and all wrongdoing and liability. WHEREAS, the Parties wish to fully, finally and completely conclude the Action, together with all existing and potential claims, damages, and causes of action between them. And, as part of such resolution, the Parties wish to enter into a novated Agreement, which is attached as Exhibit A to this Agreement ("Exhibit A"). NOW THEREFORE, in consideration of the following covenants, obligations, undertakings and consideration, the sufficiency of which is acknowledged, the Parties expressly, knowingly, voluntarily and mutually agree as follows: AGREEMENT 1. -
Motion for Stay of Discovery
Case 2:18-cv-00907-KOB Document 28 Filed 11/02/18 Page 1 of 5 FILED 2018 Nov-02 PM 04:12 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAKEISHA CHESTNUT, et al., ) ) Plaintiffs, ) ) vs. ) CASE NO. 2:18-CV-00907-KOB ) JOHN H. MERRILL, ) ) Defendant, ) ) DEFENDANT SECRETARY OF STATE’S (OPPOSED) MOTION TO STAY DISCOVERY Defendant, Secretary of State John H. Merrill, respectfully requests a stay of all parties’ discovery obligations until the Court resolves the validity of Plaintiffs’ complaint. Secretary Merrill has filed a Motion for Judgment on the Pleadings arguing that Plaintiffs’ claims should be dismissed because jurisdiction lies with a three-judge court, because Plaintiffs have failed to plead facts demonstrating a proper remedy, and because Plaintiffs claims are barred by laches. When such a motion is pending, Circuit law compels a stay to guard against the “significant costs” of unwarranted discovery requests. Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1367 (11th Cir. 1997). Counsel for Defendant have consulted with counsel for the Plaintiffs, and Plaintiffs oppose this motion. Case 2:18-cv-00907-KOB Document 28 Filed 11/02/18 Page 2 of 5 I. Background Eight years after the last census and two years before the next one, Plaintiffs brought this action claiming that Alabama must re-draw its seven congressional districts to include a second majority-black district. See doc. 1. Secretary Merrill moved to dismiss when Plaintiffs failed to allege that they would reside in a re- configured majority-black district, see doc. -
DISC-001 Form Interrogatories
DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT TITLE OF CASE: FORM INTERROGATORIES—GENERAL CASE NUMBER: Asking Party: Answering Party: Set No.: Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward as (a) Interrogatories are written questions prepared by a party to an the information reasonably available to you, including the action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. answered under oath. The interrogatories below are form If an interrogatory cannot be answered completely, answer it interrogatories approved for use in civil cases. to the extent possible. (b) For time limitations, requirements for service on other parties, (d) If you do not have enough personal knowledge to fully and other details, see Code of Civil Procedure sections answer an interrogatory, say so, but make a reasonable and 2030.010–2030.410 and the cases construing those sections. good faith effort to get the information by asking other (c) These form interrogatories do not change existing law persons or organizations, unless the information is equally relating to interrogatories nor do they affect an answering available to the asking party. party’s right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by referring to Sec. 2. Instructions to the Asking Party a document, the document may be attached as an exhibit to (a) These interrogatories are designed for optional use by parties the response and referred to in the response. -
Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries
cgvdfagaf Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Benchmark Analysis Prepared by: Elza Bergmane PUC, Latvia Dilek Civak Erdas EMRA, Turkey July, 2016 May, 2016 BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Energy Regulators Regional Association II. Jánost Pál pápa tér 7., 1081 Budapest Tel.: +36 1 477 0456 ǀ Fax: +36 1 477 0455 E-mail: [email protected] ǀ Web: www.erranet.org BENCHMARK ANALYSIS: Dispute Settlement Practice and Complaint Handling Procedures in ERRA Countries Prepared by: Elza Bergmane Member of the ERRA Customers and Retail Markets Working Group; Senior Lawyer, Energy Division of Legal Department; Public Utilities Commission (PUC) of Latvia and Dilek Civak Erdas Member of the ERRA Customers and Retail Markets Working Group; Energy Expert, Energy Market Regulatory Authority (EMRA) of Turkey July, 2016 The Analysis was prepared based on information collected from ERRA Customers and Retail Markets Working Group Members in the period of June 2014 – June 2016. The following ERRA Members submitted their answers: Public Services Regulatory Commission, Armenia Regulatory Commission for Energy in Federation of Bosnia and Herzegovina (FERK) Regulatory Commission for Energy of Republika Srpska (RERS), Bosnia and Herzegovina Estonian Competition Authority Georgian National Energy and Water Supply Regulatory Commission Hungarian Energy and Public Utility -
Limitation Issues in Settlement Negotiations: How to Avoid Waiver of the Statute of Limitations
LIMITATION ISSUES IN SETTLEMENT NEGOTIATIONS: HOW TO AVOID WAIVER OF THE STATUTE OF LIMITATIONS Presented and Prepared by: Matthew R. Booker [email protected] Springfield, Illinois • 217.522.8822 The cases and materials presented here are in summary and outline form. To be certain of their applicability and use for specific claims, we Heyl, Royster, Voelker & Allen recommend the entire opinions and statutes be read PEORIA • SPRINGFIELD • URBANA • ROCKFORD • EDWARDSVILLE and counsel consulted. © 2009 Heyl, Royster, Voelker & Allen C-1 LIMITATION ISSUES IN SETTLEMENT NEGOTIATIONS: HOW TO AVOID WAIVER OF THE STATUTE OF LIMITATIONS I. INTRODUCTION ........................................................................................................................................... C-3 II. STATUTES OF LIMITATIONS .................................................................................................................... C-3 III. ESTOPPEL V. WAIVER ................................................................................................................................. C-4 IV. EXAMPLES ...................................................................................................................................................... C-5 V. SUMMARY ................................................................................................................................................... C-10 C-2 LIMITATION ISSUES IN SETTLEMENT NEGOTIATIONS: HOW TO AVOID WAIVER OF THE STATUTE OF LIMITATIONS I. INTRODUCTION A frequent -
Initial Stages of Federal Litigation: Overview
Initial Stages of Federal Litigation: Overview MARCELLUS MCRAE AND ROXANNA IRAN, GIBSON DUNN & CRUTCHER LLP WITH HOLLY B. BIONDO AND ELIZABETH RICHARDSON-ROYER, WITH PRACTICAL LAW LITIGATION A Practice Note explaining the initial steps of a For more information on commencing a lawsuit in federal court, including initial considerations and drafting the case initiating civil lawsuit in US district courts and the major documents, see Practice Notes, Commencing a Federal Lawsuit: procedural and practical considerations counsel Initial Considerations (http://us.practicallaw.com/3-504-0061) and Commencing a Federal Lawsuit: Drafting the Complaint (http:// face during a lawsuit's early stages. Specifically, us.practicallaw.com/5-506-8600); see also Standard Document, this Note explains how to begin a lawsuit, Complaint (Federal) (http://us.practicallaw.com/9-507-9951). respond to a complaint, prepare to defend a The plaintiff must include with the complaint: lawsuit and comply with discovery obligations The $400 filing fee. early in the litigation. Two copies of a corporate disclosure statement, if required (FRCP 7.1). A civil cover sheet, if required by the court's local rules. This Note explains the initial steps of a civil lawsuit in US district For more information on filing procedures in federal court, see courts (the trial courts of the federal court system) and the major Practice Note, Commencing a Federal Lawsuit: Filing and Serving the procedural and practical considerations counsel face during a Complaint (http://us.practicallaw.com/9-506-3484). lawsuit's early stages. It covers the steps from filing a complaint through the initial disclosures litigants must make in connection with SERVICE OF PROCESS discovery. -
Counterclaims, Cross-Claims and Impleader in Federal Aviation Litigation John E
Journal of Air Law and Commerce Volume 38 | Issue 3 Article 4 1972 Counterclaims, Cross-Claims and Impleader in Federal Aviation Litigation John E. Kennedy Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation John E. Kennedy, Counterclaims, Cross-Claims and Impleader in Federal Aviation Litigation, 38 J. Air L. & Com. 325 (1972) https://scholar.smu.edu/jalc/vol38/iss3/4 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. COUNTERCLAIMS, CROSS-CLAIMS AND IMPLEADER IN FEDERAL AVIATION LITIGATION JOHN E. KENNEDY* I. THE GENERAL PROBLEM: MULTIPLE POTENTIAL PLAINTIFFS AND DEFENDANTS W HEN airplanes crash, difficult procedural problems often arise from the numbers of potential parties and the com- plexity of the applicable substantive law. Since under that law, re- covery can be granted to large numbers of plaintiffs, and liability can be distributed to a variety of defendants, the procedural rights to counterclaim, cross-claim and implead third-parties have become important aspects of federal aviation litigation. When death results the most obvious parties plaintiff are those injured by the death of the decedent, i.e., the spouses, children, heirs and creditors. Whether they must sue through an estate, or special administrator or directly by themselves will ordinarily be determined by the particular state wrongful death statute under which the action is brought, and the capacity law of the forum.' In addition, the status of the decedent will also have bearing on the parties and the form of action. -
Illinois Civil Practice Guide
Practice Series Illinois Civil Practice Guide Andrew W. Vail Colleen G. DeRosa © 2012 JENNER & BLOCK LLP ALL RIGHTS RESERVED www.jenner.com ABOUT JENNER & BLOCK Founded in 1914, Jenner & Block is a national law firm of approximately 450 attorneys. Our Firm has been widely recognized for producing outstanding results in corporate transactions and securing significant litigation victories from the trial level through the United States Supreme Court. Companies and individuals around the world trust Jenner & Block with their most sensitive and consequential matters. Our clients range from the top ranks of the Fortune 500, large privately held corporations and financial services institutions to emerging companies, family-run businesses and individuals. OFFICES 353 North Clark Street 633 West Fifth Street, Suite 3500 Chicago, Illinois 60654-3456 Los Angeles, California 90071 Firm: 312 222-9350 Firm: 213 239-5100 Fax: 312 527-0484 Fax: 213 239-5199 919 Third Avenue, 37th Floor 1099 New York Avenue, N.W., Suite 900 New York, New York 10022-3908 Washington, D.C. 20001-900 Firm: 212 891-1600 Firm: 202 639-6000 Fax: 212 891-1699 Fax: 202 639-6066 © 2012 Jenner & Block LLP. This publication is not intended to provide legal advice but to provide general information on legal matters. Transmission is not intended to create and receipt does not establish an attorney- client relationship. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Andrew W. Vail. ATTORNEY ADVERTISING 1 AUTHOR INFORMATION Andrew W. Vail is a partner in Jenner & Block’s Litigation Department and a member of the Firm’s Complex Commercial and Antitrust Litigation Practice Groups. -
Class Actions (Successful Partnering Between Inside and Outside Counsel)
Chapter 60A Class Actions by David G. Leitch, Gary L. Sasso, and D. Matthew Allen1 § 60A:1 Scope note § 60A:2 Objectives, concerns, preliminary considerations § 60A:3 —Objectives § 60A:4 —Concerns § 60A:5 —Preliminary considerations § 60A:6 — —Media relations § 60A:7 — —Insurance coverage § 60A:8 — —Financial reporting § 60A:9 — —Customer relations § 60A:10 — —Government relations § 60A:11 — —Business or technical expertise § 60A:12 — —Authority § 60A:13 — —Document preservation § 60A:14 — —Selection of outside counsel § 60A:15 — —Discovery and investigation issues § 60A:16 — —Venue and jurisdiction § 60A:17 — —Related proceedings § 60A:18 — —Early assessment § 60A:19 Eective partnering § 60A:20 —Planning is crucial § 60A:21 —Discussions should be conrmed in writing § 60A:22 —Introductions § 60A:23 Strategies in class action engagement 1The authors gratefully acknowledge the participation of the follow- ing attorneys in the preparation of this chapter. From Ford: John F. Mellen, Associate General Counsel — Litigation and Regulatory, Donald J. Lough, Assistant General Counsel — Product Litigation, and Michael J. O'Reilly, Counsel — Products Liability. From Carlton Fields: Chris S. Coutroulis, chair of the Business Litigation and Trade Regulation Practice Group, and Wendy Lumish, chair of the Appellate Practice Group. K 2010 Thomson Reuters/West, 2/2010 60A-1 Successful Partnering § 60A:24 —Elements of claims and defenses; classwide proof § 60A:25 — —Understand the nature of the claims § 60A:26 — —Focus on elements that defeat predominance