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Class Action Lawsuits: Supreme Court
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Depending upon the type of class action, resolution of the lawsuit binds all members of the class certified by the Court. Under Federal law, the rules governing class actions are found inFederal Rule of Civil Procedure 23.
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A class action is a court case brought by one or more individuals on behalf of themselves and "all others similarly situated". The purpose of a class action is to secure a judicial remedy which not only eliminates a wrong committed against an individual, and compensates him or her for the effects of that wrong, but which ... provides such remedies for all others in a definable class who have suffered as a result of the same practice or practices. Those who do not wish to be represented in a class action are given the opportunity to opt-out and pursue their own litigation.
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The court cited two reasons it denied the class action against Midland. The first was that, whether or not Midland's actions were misleading or deceptive, different sales pitches by different insurance salespersons were made to those purchasing the annuities, therefore the investors did not have similar claims. The second, said the judge, was that the losses were not caused by the alleged misleading actions, but by changes in the securities market.
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On January 24, 2006, current and former IBM technical support employees filed a class action lawsuit against IBM alleging it failed to pay overtime wages in violation of federal and state labor laws. The suit, entitled Rosenberg et al. v. IBM, was filed in federal court in San Francisco.
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Generally, the court notifies the consumers and lets them know that they are members of a class action lawsuit. The consumer can then decide to part take in the lawsuit and will then receive further instructions on how to participate. Of course, nobody is forced to join a class action and there is the possibility to “opt-outâ€.
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On December 17, 2007, the Court certified the case as a class action. Our co-counsel, Nichols Kaster & Anderson, PLLP, will mail notice of the lawsuit to each affected employee in January 2008.] To contact us regarding this matter, please call 1-877 4-OUTTEN and ask for René Roupinian or email her at rroupinian@outtengolden.com or go to www.masslayoff.com.
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