Finally, federal courts generally are less willing than state courts to grant plaintiffs
Other recent developments in welding flame lawsuits have favored plaintiffs
as well, such as In re Welding Fume Products Liability Litigation.
In the Federal system, statutory fees are typically awarded by the court under the lodestar approach (Hensley, 461 US 424 (1983)), and the plaintiff
usually has little control over the amount awarded.
During the trial, the jury heard evidence that the plaintiff
was the company's only female warehouse worker, she was singled out for "intense stalking" by one of her supervisors, she received harsher discipline than men for the same conduct, she was treated less favorably than men in the assignment of overtime and supervisors repeatedly "stacked" her disciplinary record and used or tolerated sex-based slurs against her.
Under the old venue rules, plaintiffs
LawCash then takes out a lien on the case, with plaintiffs
generally receiving $500 to $100,000 up front.
Current law bars federal courts from hearing class actions where any of the named plaintiffs
and named defendants are from the same state and requires that each proposed class member have a claim exceeding $75,000.
In judge Kram's opinion, for the plaintiffs
' claims of purported GAAP and GAAS violations to be actionable, the plaintiffs
would have had to allege that the firm's alleged violations were the result of intentional deceit or that they rose to the level of recklessness.
On the other hand, if plaintiffs
desire to expand the scope of the suit to include the local government entity--i.
The suit was actually one in a series of 10 brought in the Southern District Federal Court by the same plaintiffs
-- four black individuals and a non-profit housing group -- and it is the largest monetary settlement yet to result from these cases.
claim, among other things, violations of the various acts: (a) by selling securities through persons who were not registered as agents and/or broker dealers with the Securities Exchange Commission or the States of Florida or Indiana and were not affiliated as an agent or representative of any broker/dealer; (b) by failing to disclose to purchasers of RelationServe Media, Inc.
California provides for apportioned noneconomic damages on a percentage share, and any company may be apportioned a percentage of fault, whether it settled with the plaintiffs
, was never sued before by the plaintiff
or has since declared bankruptcy.