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Archive for October, 2009

Over the past week, I have received two separate requests for comment on cy pres awards to charity in class action settlements.  Evidently it’s on readers’ minds, so I thought I’d give some thoughts on the subject here. Cy pres distributions to charity are one of several ways of dealing with a common problem in class action settlements: [...]

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Venkat Balasubramani over at Spam Notes has been covering developments in an interesting group of class actions against Blockbuster Video and Facebook.  The cases arise out of Facebook’s Beacon feature, which causes news feed stories to be automatically generated about users’ purchases and other actions with online partners like Blockbuster.  the plaintiffs in each of the cases allege violations of various privacy laws [...]

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Robert J. Ambrogi of Legal Blog Watch posted this article today discussing the Supreme Judicial Court of Massachusetts’ decision holding in Donovan v. Phillip Morris USA, which recognized the viability of a claim seeking medical monitoring as a remedy for smokers who do not have lung cancer but have an increased risk of lung cancer due to their use of cigarettes.  As [...]

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The cy pres doctrine has become a hot topic in class action circles in recent years.  For those not familiar with the concept as used in the class action context, cy pres awards are awards to third parties, typically charities, of unclaimed settlement funds or unclaimed portions of class action judgments.  (See this August 11, 2008 CAB entry discussing cy pres).  In an intriguing [...]

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An international securities class action trial against French media conglomerate Vivendi International started today in the U.S. District Court for the Southern District of New York.  For a report on the trial’s first day, see this article by Larry Neumeister of the Associated Press.  The case is somewhat unique because the class consists of investors from several European countries, including France, [...]

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John B. Isbister, founder and chair of the ABA’s annual National Institute on Class Actions, graciously agreed to offer his insights into this year’s programs, the history of the event, and trends in class action litigation generally.  This year’s two programs are being offered in San Fransisco on October 30, 2009 and Washington, D.C. on November 20, 2009.  My Q & A [...]

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