In response yesterday’s entry discussing Daniel Fisher’s article on the potential impacts of Concepcion, I got one of the best comments that I’ve ever received on this site. It comes from Portland complex injury and consumer class action attorney David Sugerman, who blogs at www.davidsugerman.com. Of course, I disagree with just about every word of it, but with imagery like a bunch [...]
Archive for May, 2011
Concepcion Point/Counterpoint
Posted in Class Action Trends, Commentary, Consumer Class Actions, tagged arbitration, arbitration waiver, AT&T Mobility, class action abuse, class action lawyer, class arbitration waiver, concepcion, consumer class action, corporate greed, defense lawyer, entrepreneurial litigation, plaintiffs' lawyer, scalia, trial lawyer on May 26, 2011 | 2 Comments »
Will AT&T Mobility v. Concepcion Really Kill the Consumer Class Action?
Posted in Commentary, Consumer Class Actions, Practice Tips, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration, class arbitration waiver, class waiver, concepcion, consumer class action, scalia, Supreme Court on May 25, 2011 | 8 Comments »
Daniel Fisher, who writes the Full Disclosure blog at Forbes.com, posted an article last Friday titled Has Scalia Killed the Class Action? Fisher’s article one of the best I’ve seen in discussing the potential practical impact that the Supreme Court’s recent class arbitration waiver decision in AT&T Mobility v. Concepcion may have on future consumer class action litigation. I highly recommend it. [...]
Fourth Circuit Holds that CAFA Does Not Apply to State Parens Patriae Action
Posted in Class Action Decisions, Class Action Fairness Act, tagged 1332, 1446, CAFA, Class Action Fairness Act, diversity jurisdiction, mcgraw, parens patriae, removal, west virginia on May 23, 2011 | 3 Comments »
One of the more significant issues relating to the Class Action Fairness Act of 2005 (CAFA) that has percolating through the federal courts over the past few years is whether parens patriae actions brought by state attorneys’ general seeking to recover damages for their citizens are “class actions” that can be removed to federal court. On Friday, [...]
There’s More than One Way to Fill a Taco
Posted in Class Action Trends, Practice Tips, tagged class action extortion, false advertising, media blitz, media campaign, PR, public relations, taco bell on May 19, 2011 | 1 Comment »
John Browning, who writes the column Legally Speaking for Dallas Blog, has an interesting article today entitled Standing Up to Class Action Bullies. The article recounts Taco Bell’s successful public relations campaign in response to a would-be class action, which was ultimately dismissed voluntarily, alleging that it had committed false advertising by not telling customers that its beef [...]
Don’t Miss the Annual Federal Practice Update, this Friday at the CBA
Posted in CLE Programs, Electronic discovery, Federal Civil Procedure, tagged CLE program, district court for the district of colorado, e-discovery, Electronic discovery, federal practice, federal practice update on May 16, 2011 | Leave a Comment »
I will be speaking on trends in e-discovery at the upcoming Federal Practice Update 2011, co-sponsored by the Federal Bar Association and the CBA Litigation Section. I hope to be an adequate fill-in for my partner, Karin Jenson, who has an unavoidable client commitment. In addition to a number of other presentations on a variety of federal [...]
DirectBuy Settlement Rejected
Posted in Class Action Decisions, Class Action Fairness Act, Class Action Settlements, Federal Court Decisions, tagged ags, attorney general, attorneys general, CAFA, class action objectors, class action settlement, class action settlement approval, coupon settlement, directbuy, district of connecticut, fairness hearing, janet c. hall, procedural fairness, substantive fairness on May 16, 2011 | 3 Comments »
United States District Court Judge Janet C. Hall issued an order today rejecting the proposed settlement in Wilson v. DirectBuy, Inc., No. 3:09-CV-590 (JCH) (D. Conn. May 16, 2011) (Here is a link to the slip opinion). The controversial settlement had been opposed by 39 attorneys general, a nonprofit consumer rights organization, and had been singled [...]
NY Times vs. Forbes: Is Concepcion a Blow to Consumer Rights or to Trial Lawyers’ Pocketbooks?
Posted in Class Action News, class action reform, Class Action Trends, Supreme Court Decisions, tagged arbitration, arbitration clause, AT&T Mobility, breyer, class arbitration, class arbitration waiver, concepcion, consumer class action, consumer rights, scalia on May 13, 2011 | 1 Comment »
Two op-eds published today highlight the philosophical debate over the impact of the Supreme Court’s recent decision in AT&T Mobility v. Concepcion. The first, published by the New York Times, argues that the decision is a “devastating blow to consumer rights” because it makes it practically impossible for many consumers to seek vindication of their [...]
Class Arbitration Waivers, the Sequel?
Posted in Class Action Trends, Consumer Class Actions, Supreme Court Decisions, tagged arbitration, AT&T Mobility, class arbitration waiver, concepcion, consumer, consumer credit, credit card, croa, FAA, federal arbitration act, ninth circuit, subprime on May 4, 2011 | Leave a Comment »
Last week, following the Supreme Court’s decision in AT&T Mobility v. Concepcion, I commented that the decision does not answer the question whether a federal court has the power to declare a class arbitration waiver unconscionable. Although not on this precise issue, the Court has granted cert on a related issue relating to the enforceability [...]
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We’ll Leave the Light on For Ya (But First, You Might Want to Read the Fine Print)
Posted in Class Action Trends, Commentary, tagged arbitration, arbitration waiver, AT&T Mobility, class arbitration waiver, concepcion, hospitality, Supreme Court on May 31, 2011 | Leave a Comment »
David Waller, my partner at Baker Hostetler and hospitality lawyer extraordinaire, posted an entry in the firm’s Hospitality Lawg yesterday entitled AT&T Mobility v. Concepcion – Reconsidering Arbitration in the Hospitality Context. The article offers practical tips from a transactional lawyer’s perspective on how to take advantage of arbitration agreements in light of the Supreme Court’s decision. Although the article is directed [...]
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