Last July, in an entry titled Incentive Awards Ok, but Not Incentive Agreements, I commented on the Ninth Circuit Court of Appeals’ decision in Rodriguez v. West Publishing Corp. In Rodriguez, the Ninth Circuit panel condemned the use incentive agreements in class actions. The incentive agreements were engagement agreements between the law firm and the named class representatives that called for the attorneys to seek [...]
Archive for February, 2010
Martin Katz Named Dean of the University of Denver Sturm College of Law
Posted in Off Topic on February 9, 2010 | Leave a Comment »
Congratulations to Marty Katz, formerly the interim Dean and now permanent Dean of the University of Denver Sturm College of Law. Dean Katz was selected from a deep pool of extraordinarily talented and accomplished applicants. The future of the Sturm College of Law looks bright with Dean Katz at the helm. During his brief tenure as interim dean, the school’s bar passage [...]
Vivendi Verdict Thickens Plot in Foreign-Cubed Class Action Battle
Posted in Class Action Decisions, Class Action Trends, International Class Action Law, Securities Class Actions, Uncategorized, tagged f-cubed, foreign cubed, international class action, morrison, securities class action, securities fraud, transnational class action, vivendi on February 8, 2010 | 1 Comment »
As reported by a variety of news outlets, including the New York Times and Wall Street Journal, on January 29, a federal jury found French conglomerate Vivendi liable for securities fraud, setting the stage for a potential multi-billion dollar damages award. In 2008, the United States District Court for the Southern District of New York had made headlines [...]
“What Would King Solomon Do?” or “Justice Is No Joke”
Posted in Class Action Humor, Class Action News, class action reform, Commentary, tagged class action settlement, coupon settlement, gift card settlement, judge brett c. klein on February 4, 2010 | Leave a Comment »
A Los Angeles County Superior Court judge’s attempt to exact poetic justice out of a proposed gift card settlement has resulted in a censure by the California Commission on Judicial Performance, according to this article from the legal humor blog, Lowering the Bar. The censure stems from a ruling on a motion for final approval of a settlement [...]
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Long Live the Reversionary, “Claims-Made” Settlement
Posted in Class Action Settlements, Commentary, tagged claims made settlement, class action reform, class action settlement, cy pres, reversion, reversionary settlement on February 23, 2010 | Leave a Comment »
The other day, a colleague tipped me off to a December 2009 blog posting by Oakland, California employment and civil rights attorney Bryan Schwartz entitled Death to the Reversionary, “Claims-Made” Settlement, a thoughtful, well-written article with which I completely disagree and to which I felt compelled to respond. Schwartz is critical of what he alternatively calls [...]
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