Nutrien Claims Employment Allegations Against it Belong in Federal Court lawstreetmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawstreetmedia.com Daily Mail and Mail on Sunday newspapers.
Ninth Circuit remands price fixing class action for consideration of evidence that more than a de minimis portion of class members was not injured. District court in D.C. Circuit rules that CAFA jurisdiction is improper unless the complaint itself invokes the class action rule or mechanism.
Barr to pre-
Barr.
Harris filed a motion to remand the suit to state court. She contended that Travel as the removing party could not establish federal subject matter jurisdiction because of lack of injury in fact under Article III, citing for support the defendant’s prior filings.
U.S. District Judge Aileen M. Cannon agreed, ordering the case back to state court.
Cannon found that Travel failed to establish that Harris’ allegations satisfied the requirements under Article III. Harris herself disclaimed that she suffered a constitutional injury sufficient to confer Article III standing, and the defendant “conspicuously declines to admit that it caused Plaintiff a concrete and particularized injury,” Cannon wrote. “Taken together, these party positions frame the degree of purported injury at issue, even if they are not dispositive.”
Tillery
BELLEVILLE – Stephen Tillery, ready for trial on a claim that weed killer paraquat caused four plaintiffs to suffer Parkinson’s disease, won the biggest judgment ever in an American trial and lost it at the Illinois Supreme Court.
In 2003, after a bench trial, late Madison County judge Nicholas Byron awarded more than $10 billion to a class of cigarette smokers Tillery represented.
The few American cases with higher judgments, such as state tobacco litigation in the 1990s and Deepwater Horizon explosion suits, ended in settlement.
Tillery retreated from the field of class actions after the state Supreme Court and Congress restricted them, though he has returned as ambitious as ever.
Tech
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On Thursday, defendant ExamSoft Worldwide Inc. filed a notice of removal in a biometrics lawsuit against the company in an effort to remove the lawsuit from the Circuit Court of Cook County, Illinois, to the Northern District of Illinois, Eastern Division, “pursuant to 28 U.S.C. §1441(a), 1446, and 1453, on the ground that federal jurisdiction exists under the Class Action Fairness Act (‘CAFA’).”
As background, in March 2021, the plaintiffs filed a class-action complaint in Illinois state court against ExamSoft alleging that the online testing platform violated the Illinois Biometric Information Privacy Act. In particular, the plaintiffs requested relief on a putative class consisting of “all Illinois residents who used ExamSoft to take an exam online and who had their facial geometry or other biometric information collected, captured, received, or otherwise obtained and/or stored by Defendant.” The plaintiffs also sought relief on beha