There is an abiding myth among practitioners in the plaintiffs’ class action bar—regularly rejected but repeated by rote—that affirmative defenses are irrelevant to class certification. For example, ...
Whether the true import of the preparation of pleadings is learned in law school, at a law firm or in the sometimes-punishing crucible of civil litigation, practitioners inevitably discover that the ...
In the US, the Antitrust Division of the Department of Justice (DOJ), the FTC, state attorneys general, and private parties may bring civil antitrust cases for violations of: The Sherman Act. The ...
The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for ...
In the latest chapter of the high-profile SEC v. Ripple Labs, Inc., et. al. litigation, the SEC revisits its prior attempt to strike down the defendants' due process affirmative defense. Nearly a year ...
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