In a case rife with lessons, a lawyer learned another valuable one today: If you’re going to dish out the vitriol in your briefing with certain judges, be ready to be put in your place. The case of Thorogood v. Sears Roebuck & Co. is already famous for the suggestion made by plaintiffs’ counsel in oral [...]
Archive for the ‘class action reform’ Category
The Seventh Circuit is Serious, All Writs Act Allows District Court to Enforce Collateral Estoppel Effect of its Class Certification Denial – Or – Don’t $%#& with Posner
Posted in class action reform, Class Action Settlements, Class Action Trends, tagged all writs act, blackmail settlement, class action abuse, class action reform, Class Action Settlements, collateral estoppel, posner, sears, sears class action, sears dryer, stainless, thorogood on December 2, 2010 | Leave a Comment »
Could Proposed Product Recall Law Mean More Class Actions in Canada?
Posted in class action reform, Class Action Trends, International Class Action Law, tagged canada class action, canadian class action, Class Action Trends, class actions in canada, consumer class action, consumer protection, International Class Action Law, product recall on November 30, 2010 | Leave a Comment »
Debate about legal reforms outside the U.S. can often provide a revealing look at the strengths and weaknesses of the U.S. legal system. For policymakers in other countries, U.S. consumer protection laws can be the gold standard for access to justice and, at the same time, the epitome of litigiousness run amok. As an example, check out today’s column from Globe and Mail law reporter [...]
Are Reports of the Demise of Class Actions in the UK Greatly Exaggerated?
Posted in class action reform, Class Action Trends, International Class Action Law, tagged antitrust, british airways class action, civil procedure rule 19.6, collective action, International Class Action Law, lord justice mummery, Micawberish, representative action, UK class action on November 22, 2010 | Leave a Comment »
Emerald Supplies Ltd. v. British Airways PLC is already being heralded as a rejection of US-Style class actions in the UK, but my reading of the opinion leaves the question far from settled. The opinion falls far short of foreclosing the possibility of a representative action in every case where the plaintiffs’ interests are not literally identical. In fact, the [...]
Proponents of US-Style Class Actions in the UK Suffer a Setback
Posted in Class Action News, class action reform, Class Action Trends, International Class Action Law, tagged british airways, British class action, class action, collective action, collective redress, England and Wales, International Class Action Law, representative action, UK on November 18, 2010 | Leave a Comment »
(Editor’s note – Revised at 6:26 p.m. MST to include link to the decision. See below) As reported by Jane Croft and Pilita Clark at the Financial Times and Eric Larson at Bloomberg, the Court of Appeal of England and Wales ruled yesterday that an antitrust suit filed by two shipping businesses against British Airways may not go forward as a [...]
California Class Action Bill “Died at Desk”
Posted in Class Action News, class action reform, rule 23, tagged california class action, california class action bill, california class action rule, class action reform, class action rule, rule 23 on March 16, 2010 | Leave a Comment »
A proposed bill to amend the California Code of Civil Procedure to create a class action rule similar to Rule 23, Federal Rules of Civil Procedure, has apparently failed for the time being. Among other things, ABX8 38 would have replaced Code of Civil Procedure Section 382 with a rule setting forth more specific, statutory prerequisites to class certification, similar to [...]
Yet More on Cy Pres
Posted in Articles, class action reform, Class Action Settlements, tagged class action settlement, cy pres, reversion on December 17, 2009 | 1 Comment »
Cy pres awards continue to be a hot topic both in the news and in academia. The latest contribution comes from Columbia law student Sam Yospe, whose article entitled Cy Pres Distributions in Class Action Settlements (Columbia Business Law Review, forthcoming) examines judicial discretion in choosing cy pres awards and makes practical suggestions for reform. Yospe’s article [...]
I Object, Unless You Pay Me … One Million Dollars!
Posted in Articles, class action reform, Class Action Trends, Commentary, Practice Tips, tagged class action objection, class certification, objector blackmail, professional objector, quick-pay, settlement approval on December 14, 2009 | Leave a Comment »
Vanderbilt law professor Brian T. Fitzpatrick has published a great new research paper titled The End of Objector Blackmail? The paper discusses the problems of objectors blackmailing the parties to a class action settlement into paying them a portion of the fees at the threat of holding up final approval and resolution of the settlement. Professor Fitzpatrick [...]
More on Cy Pres
Posted in class action reform, Class Action Settlements, Class Action Trends, Commentary, tagged class action settlement, common fund, cy pres, payment to charity, reversion, settlement distribution on October 28, 2009 | 1 Comment »
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: [...]
The Cycle of Victimization
Posted in class action reform, Commentary, tagged bank of america settlement, merrill lynch, sec, sec settlement, securities fraud on September 15, 2009 | Leave a Comment »
In an article today entitled “Unscrewing Shareholders,” Daniel Fisher of Forbes reviews a decision by U.S. District Judge for the Southern District of New York Jed Rakoff rejecting a settlement between the Securities and Exchange Commission and Bank of America. The case involves allegations that Bank of America committed securities fraud by paying bonuses to [...]
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“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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