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Named Plaintiff
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged person bring ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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West V
West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some Romance languages (''ouest'' in French, ''oest'' in Catalan, ''ovest'' in Italian, ''oeste'' in Spanish and Portuguese). As in other languages, the word formation stems from the fact that west is the direction of the setting sun in the evening: 'west' derives from the Indo-European root ''*wes'' reduced from ''*wes-pero'' 'evening, night', cognate with Ancient Greek ἕσπερος hesperos 'evening; evening star; western' and Latin vesper 'evening; west'. Examples of the same formation in other languages include Latin occidens 'west' from occidō 'to go down, to set' and Hebrew מַעֲרָב maarav 'west' from עֶרֶב erev 'evening'. Navigation To go west using a compass for navigation (in a place where magnetic north is the same dire ...
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11th Cir
11 (eleven) is the natural number following 10 and preceding 12. It is the first repdigit. In English, it is the smallest positive integer whose name has three syllables. Name "Eleven" derives from the Old English ', which is first attested in Bede's late 9th-century ''Ecclesiastical History of the English People''. It has cognates in every Germanic language (for example, German ), whose Proto-Germanic ancestor has been reconstructed as , from the prefix (adjectival " one") and suffix , of uncertain meaning. It is sometimes compared with the Lithuanian ', though ' is used as the suffix for all numbers from 11 to 19 (analogously to "-teen"). The Old English form has closer cognates in Old Frisian, Saxon, and Norse, whose ancestor has been reconstructed as . This was formerly thought to be derived from Proto-Germanic (" ten"); it is now sometimes connected with or ("left; remaining"), with the implicit meaning that "one is left" after counting to ten.''Oxford English Dict ...
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Epic Systems Corp
Epic commonly refers to: * Epic poetry, a long narrative poem celebrating heroic deeds and events significant to a culture or nation * Epic film, a genre of film with heroic elements Epic or EPIC may also refer to: Arts, entertainment, and media Films * ''Epic'' (1984 film) * ''Epic'' (2013 film) Gaming * ''Epic'' (game), a series of wargames * ''Epic'' (video game), a 1992 video game * ''Epic: Battle for Moonhaven'', a 2013 video game by Gameloft based on the film ''Epic'' (2013) * '' Epic Card Game'', a 2015 strategy card game by White Wizard Games Literature * ''Epic'' (Kostick novel), a 2004 novel by Conor Kostick * '' Epic Illustrated'', a 1980s anthology series published by Marvel Comics Music Albums * ''Epic'' (Blood on the Dance Floor album), 2011 * ''Epic'' (Borknagar album), 2004 * ''Epic'' (R. Kelly album), 2010 * ''Epic'' (Sharon Van Etten album), 2010 * ''Epic'' (Tang Dynasty album), 1998 Songs * "Epic" (Faith No More song), 1990 * "Epic" (Sandro Sil ...
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Comcast Corp
Comcast Corporation (formerly known as American Cable Systems and Comcast Holdings),Before the AT&T merger in 2001, the parent company was Comcast Holdings Corporation. Comcast Holdings Corporation now refers to a subsidiary of Comcast Corporation, not the parent company (seeBloomberg profile on Comcast Holdings Corporation. Technically, the current parent company was founded December 7, 2001 as CAB Holdings Corporation, which changed its name to AT&T Comcast Corporation before finally taking on the Comcast Corporation name (seeNov 2002 8K/A Form anNov 2002 S-4) headquartered in Philadelphia, is the largest American multinational telecommunications conglomerate. It is the second-largest broadcasting and cable television company in the world by revenue (behind AT&T), the largest pay-TV company, the largest cable TV company and largest home Internet service provider in the United States, and the nation's third-largest home telephone service provider. It provides services to U.S. ...
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Wal-Mart V
Walmart Inc. (; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also called supercenters), discount department stores, and grocery stores from the United States, headquartered in Bentonville, Arkansas. The company was founded by Sam Walton in nearby Rogers, Arkansas in 1962 and incorporated under Delaware General Corporation Law on October 31, 1969. It also owns and operates Sam's Club retail warehouses. Walmart has 10,586 stores and clubs in 24 countries, operating under 46 different names. The company operates under the name Walmart in the United States and Canada, as Walmart de México y Centroamérica in Mexico and Central America, and as Flipkart Wholesale in India. It has wholly owned operations in Chile, Canada, and South Africa. Since August 2018, Walmart held only a minority stake in Walmart Brasil, which was renamed Grupo Big in August 2019, with 20 percent of the company's shares, and p ...
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AT&T Mobility V
AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile telephone services in the U.S. , AT&T was ranked 13th on the ''Fortune'' 500 rankings of the largest United States corporations, with revenues of $168.8 billion. During most of the 20th century, AT&T had a monopoly on phone service in the United States. The company began its history as the American District Telegraph Company, formed in St. Louis in 1878. After expanding services to Arkansas, Kansas, Oklahoma and Texas, through a series of mergers, it became Southwestern Bell Telephone Company in 1920, which was then a subsidiary of American Telephone and Telegraph Company. The latter was a successor of the original Bell Telephone Company founded by Alexander Graham Bell in 1877. The American Bell Telephone Company formed the American Telep ...
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US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Consti ...
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Standard Form Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ...
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Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial ...
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Consumerism
Consumerism is a social and economic order that encourages the acquisition of goods and services in ever-increasing amounts. With the Industrial Revolution, but particularly in the 20th century, mass production led to overproduction—the supply of goods would grow beyond consumer demand, and so manufacturers turned to planned obsolescence and advertising to manipulate consumer spending. In 1899, a book on consumerism published by Thorstein Veblen, called ''The Theory of the Leisure Class'', examined the widespread values and economic institutions emerging along with the widespread "leisure time" at the beginning of the 20th century. In it, Veblen "views the activities and spending habits of this leisure class in terms of conspicuous and vicarious consumption and waste. Both relate to the display of status and not to functionality or usefulness." In economics, consumerism may refer to economic policies that emphasise consumption. In an abstract sense, it is the consideration th ...
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Environmentalism
Environmentalism or environmental rights is a broad philosophy, ideology, and social movement regarding concerns for environmental protection and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the impact of changes to the environment on humans, animals, plants and non-living matter. While environmentalism focuses more on the environmental and nature-related aspects of green ideology and politics, ecologism combines the ideology of social ecology and environmentalism. ''Ecologism'' is more commonly used in continental European languages, while ''environmentalism'' is more commonly used in English but the words have slightly different connotations. Environmentalism advocates the preservation, restoration and improvement of the natural environment and critical earth system elements or processes such as the climate, and may be referred to as a movement to control pollution or protect plant and animal diversity. Fo ...
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