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It is the largest group litigation order action over a consumer product in British legal history.
The new suit, according to the firms, involves 41,005 Kenyans and takes the form of a group litigation order, which allows related claims to be managed collectively.
The firm said it initially acted on individual cases but had now asked the court to grant a group litigation order.
An application has been made for a group litigation order to allow up to 800,000 more to join, and to open the door for major institutional investors that may have an interest.
Lawyers have applied for a group litigation order as the most efficient and cost-effective way to manage the claim for misfeasance in public office against the chief constables of South Yorkshire police and West Midlands police.
Setting a date of February 18 2013 for a four-week trial of any remaining claims, the judge said that the next case management conference, on April 20, should consider a cut-off date for filing claims, a register of claimants, the possibility of a group litigation order and the sharing of legal representation and costs.
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In light of these concerns, the Supporting States propose that the Court implement a procedure to evaluate Microsoft's compliance with the terms and provisions of the decree at the earlier of three years after implementation of the conduct restrictions and affirmative mandates, or at the conclusion of appeals in this litigation, in order to evaluate the competitive effects of the decree.
Delivering a public lecture last week, Lord Justice Jackson warned that firms could be tempted to create unnecessary work and prolong litigation in order to boost their profits.
"The estates need to focus their efforts on a global resolution of all inter-estate claims and potential causes of action — rather than creating inter-estate litigation — in order to maximize recoveries for customers and general estate creditors alike, worldwide".
"In light of this reality, ordering the state's probate judges to refuse to issue marriage licenses to all couples who seek them constitutes an exercise in futility – at best, it sows chaos and confusion; at worst, it forces couples to bring federal court litigation in order to exercise a clearly-established federal constitutional right," Krotoszynski said.
For example, if a bank knew it could be held liable for actions related to its dealings with a convicted felon, do you really think they would risk litigation in order to make a few shekels?
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