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Posts Tagged ‘class action commentary’

When the Supreme Court nomination of then-Judge Sonia Sotomayor was announced, I put together this summary of her fairly significant judicial record on class action issues.  Finding any record on class action issues for current nominee Elena Kagan has been more of a challenge, since she has not served as a judge.  However, Solicitor General Kagan does have a background as a Civil Procedure and Constitutional Law professor, and she has written at least one article addressing class actions.  Professor Adam Steinman at the Civil Procedure & Federal Courts Blog has posted an excerpt from that article, Certifying Classes and Subclasses in Title VII Suits, 99 Harv. L. Rev. 619 (1986).  In that excerpt, Kagan appears to argue for a middle ground between what at the time were two competing models for class certification in Title VII employment discrimination cases.  Her scholarship from 25 years ago is hardly a barometer for how she might rule on any issue today, but might it be support for those who argue that she would be a voice of compromise on the Court if confirmed?

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CABWR is finally back after a three week holiday hiatus!  Here are some blog posts from the week that was that might be of interest to class action practitioners:

Class Action Decisions

CAFA Law Blog discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in a case alleging violations of the federal Telephone Consumer Protection Act (TCPA):

Class Action Defense Blog summarizes a California appellate court decision reversing a trial court’s decision to deny certification after concluding that it would be necessary to make a determination on the merits to ascertain class members and evaluate numerosity:

http://classactiondefense.jmbm.com/2009/01/class_action_defense_cases_gha.html

Classified comments on a Florida decision upholding a class certification order where the lack of a hearing transcript left the appellate court with no way to analyze the evidence considered by the trial court in reaching its decision:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=246

Folo comments on an opinion by Seventh Circuit Court of Appeals Judge Richard Posner, who has some harsh words for attorneys for objectors to a class action settlement who sought an attorney fee award for what the Judge did not consider a significant contribution to the outcome of the case:

http://www.folo.us/2008/12/30/this-case-is-finito/

The UCL Practitioner summarizes a Seventh Circuit Court of Appeals decision discussing the removability under CAFA of securities class actions filed under section 22(a) of the Securities Act of 1933:

http://www.uclpractitioner.com/2009/01/7th-circuit-makes-it-harder-for-plaintiffs-to-keep-securities-class-actions-in-state-court.html

Class Action Trends

Drug and Device Law Blog discusses the phenomena of “global coordinating counsel” and its rise from marketing ploy to reality as class action and related procedures become more developed around the world:

http://druganddevicelaw.blogspot.com/2009/01/new-meaning-of-global-coordinating.html

Mass Tort Litigation Blog discusses the “multi-faceted” nature of mass tort litigation in an article that includes a discussion of federal judge Jack Weinstein treating MDL litigation and settlement of pharmaceutical products liability claims as a “quasi-class action”:

http://lawprofessors.typepad.com/mass_tort_litigation/2009/01/todays-14-billi.html

Securities Docket summarizes a Manhattan Institute report on a trend in Louisiana public pension funds serving as lead plaintiffs in securities class actions:

http://www.securitiesdocket.com/2008/12/28/manhattan-institute-finds-la-pension-funds-most-active-lead-plaintiffs-in-securities-cases/

The D&O Diary summarizes the year in securities litigation from 2008…

http://www.dandodiary.com/2009/01/articles/securities-litigation/a-closer-look-at-the-2008-securities-lawsuits/

… and The Race to the Bottom offers observations about the modest nature of the increase in securities class actions in light of the financial crisis:

http://www.theracetothebottom.org/home/the-trend-in-securities-class-action-lawsuits.html

The Daily Insurer discusses a recent report by Seyfert Shaw LLP summarizing trends in employment class action litigation:

http://dailyinsurer.blogspot.com/2009/01/class-action-litigation-analyzed-in-new.html

Class Action Commentary

Point of Law provides an abstract of a student note by James McDonald in Duke Law Journal entitled “Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar”:

http://www.pointoflaw.com/archives/2009/01/milbergs-monopo.php

Wage Law discusses claims-made settlements and reversions in wage and hour class actions and whether unclaimed funds escheat to the state:

http://www.californiawagelaw.com/wage_law/2009/01/more-on-reversions-and-claims-made-settlements.html

Pro Football Talk comments on the facts of a class action filed on behalf of retired players against the NFL Players’ Association for for breach of fiduciary duty, which was recently tried to a jury verdict in the retirees’ favor:

http://www.profootballtalk.com/2009/01/13/ruling-in-nflpa-class-action-sheds-light-on-what-the-union-did-allegedly-to-retired-players/

Class Action News

The Complex Litigator reports on the California Supreme Court’s decision to grant review in the wage and hour class action Brinkley v. Public Storage, Inc., Sup. Ct. Case No. S168806:

http://www.thecomplexlitigator.com/2009/01/breaking-news-review-granted-in-brinkley-v-public-storage-inc.html

Class Action Previews. Predictions, and Hopes for 2009

North Carolina Business Litigation Report previews the year ahead for the North Carolina Business Court, including a discussion of class actions:

http://www.ncbusinesslitigationreport.com/2009/01/articles/watching-the-court/the-year-ahead-in-the-north-carolina-business-court/

New look Overlawyered has a post proposing a good idea for a consumer class action that it’s author predicts will be filed by some plaintiffs’ firm in 2009:

http://overlawyered.com/2008/12/a-prediction-for-2009/

Law and More has hopes for “juicy corporate class action litigation” in 2009:

http://lawandmore.typepad.com/law_and_more/2009/01/needed-juicy-corporate-classaction-litigation.html

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Here are some blog posts from the week that was that might be of interest to class action practitioners:

Top Stories that Are Hopefully Not Indicative of Class Action Trends

Overlawyered reports on a courtroom fistfight between two lawyers pursuing rival class action suits against the same defendant:

http://overlawyered.com/2008/12/new-orleans-brawl-between-class-action-lawyers/

Class Action Decisions

How Appealing summarizes and links to an opinion by the Fourth Circuit Court of Appeals decision holding that a class action counterclaim defendant could not remove to federal court under the Class Action Fairness Act (CAFA) (as an aside, yours truly was on the losing end of the Ninth Circuit decision relied upon by the majority.  Sorry Mayer Brown et al. for helping to create bad precedent):

http://howappealing.law.com/121708.html#031686

Securities Docket offers a synopsis of a Fourth Circuit Court of Appeals decision upholding the dismissal of a securities fraud class action under the “strong inference” of wrongful intent standard required by the Supreme Court’s decision in Tellabs:

http://www.securitiesdocket.com/2008/12/15/fourth-circuit-affirms-dismissal-of-securities-class-action-against-inspire-pharmaceuticals/

Online Dating Newsletter reports on a federal court’s decision denying a motion for summary judgment filed by an online dating service defending claims that it continued to charge fees after members had canceled their service:

http://www.onlinedatingnewsletter.com/datingnews/truecomclassactionlawsuit/

Corporate Legal Times has a story about an an Iowa federal court’s class certification decision, with the self-explanatory headline “Class Action Status Doesn’t Stick to Teflon Lawsuits” …

http://www.cltmag.com/class-action-status-doesnt-stick-to-teflon-lawsuits.html

… and more on the same case from InjuryBoard.com and South Florida Lawyers:

http://www.injuryboard.com/national-news/teflon-lawsuits-won39t-become-class-action.aspx?googleid=253196

http://southfloridalawyers.blogspot.com/2008/12/teflon-class-action-up-in-flames.html

Wage Law reviews a recent California appellate decision addressing the standards for what evidence a trial court must consider in evaluating the fairness of a class action settlement: 

http://www.californiawagelaw.com/wage_law/2008/12/kullar-v-foot-locker—reversal-of-class-action-settlement-approval.html

The Race to the Bottom analyzes a New York court’s grant of summary judgment in a shareholder class action alleging that a forced bank merger constituted a breach of fiduciary duty:

http://www.theracetothebottom.org/home/bear-stearns-the-shotgun-merger-and-fiduciary-duties.html

Class Action Trends

As always, for the latest developments in subprime crisis litigation, see the D&O Diary

http://www.dandodiary.com/2008/12/articles/subprime-litigation/subprime-securities-suit-against-bank-dismissed-without-prejudice/

… and for more commentary and analysis on trends in subprime mortgage litigation, see this December 3 entry from Mortgage Meltdown:

http://mortgagemeltdown.typepad.com/my_weblog/2008/12/securities-fraud-lawsuit-against-countrywide.html

Class Action News

The Complex Litigatorreports on upcoming administrative changes in the Los Angeles County Complex Litigation Court (Btw, congrats to Scott Leviant on his new position with Initiative Legal Group LLP):

http://www.thecomplexlitigator.com/2008/12/management-changes-coming-to-complex-litigation-court-in-los-angeles-county.html

The Memphis Daily Newsreports on developments in a potential class action lawsuit being considered by the City of Memphis and Shelby County, Tennessee against lenders for alleged predatory lending practices leading to mass foreclosures in connection with subprime mortgages:

http://memphisdailynews.com/editorial/Article.aspx?id=39942

Spam Notes has an update on procedings on appeal to the Ninth Circuit Court of Appeals in a class action involving federal preemption of claims brought under the California anti-spam statute and other state laws:

http://spamnotes.com/2008/12/16/kleffman-v-vonage–no-oral-argument.aspx

Drug and Device Law provides an update on amendments to Financial Accounting Standards Advisory Counsel guidelines on what a company must disclose about securities class action and other litigation:

http://druganddevicelaw.blogspot.com/2008/12/amending-fas-5-update.html

Class Action Conferences

Class Action Defense Blog and CAFA Law Blog comment on an upcoming conference sponsored by the American Finance Institute on consumer finance class actions and litigation to be held in New York in late January:

http://classactiondefense.jmbm.com/2008/12/mark_your_calendars_class_acti_6.html

http://www.cafalawblog.com/-events-making-your-list-checking-it-twice-if-so-make-sure-this-outstanding-seminar-is-on-it.html

Class Action Commentary

www.InvestmentFraudPRO argues that FINRA securities fraud arbitration can often be a better approach for victims of investment fraud to recoup their losses than class action lawsuits:

http://investmentfraudpro.blogspot.com/2008/12/finra-securities-arbitration-or-class.html

FP Legal Post predicts that class actions against cell phone companies based on concealment of studies linking cell technology to brain cancer may be the next wave of litigation in Canada:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/12/15/cellphones-newest-bonanza-for-class-action-bar.aspx

Mass Tort Litigation Blog discusses a recent BNA Reports commentary on CAFA’s Local Class Action Exception:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/12/cafas-local-cla.html

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CABWR Challenge of the Week Recap

I’m very disappointed to have to report that last week’s “Lay Down the Gauntlet” Challenge of the Week did not generate a single vote or comment.  This means that I must arbitrarily assign a label for class actions filed against institutional investors for failing to make a claim in another class action settlement.  I have delegated the selection to my dog, Monty, whose vote was to be recorded based on whether he wagged his tail in response to my uttering each of the three candidates.  For anyone who questions the fairness of this process, you should have thought about that when you decided not to vote.  Plus, you should know that Monty got third place one year in the NCAA basketball tournament office pool.  In truth, Monty wasn’t enthralled by any of the choices.  But he did raise an eyebrow and sniff in response to one, while simply maintaining a blank stare in response to the other two.  So, class actions seeking liability for failing to participate in other class action shall forever be called…

“Malkovich”

Congrats to Professor Peter J. Henning of White Collar Crime Prof Blog on his victory.  I’m sure he’ll be thrilled by his victory if he ever discovers that he even entered (in an entry from 2005).

Without further ado (and a few days later than usual), here are some blog entries from the week that was that might be of interest to class action practitioners…

Class Action Decisions

Feminist Law Professors discusses a California state court’s decision to grant class certification in a sexual orientation discrimination case filed against an online dating site for refusing to match gay and lesbian patrons:

http://feministlawprofs.law.sc.edu/?p=4364

Class Action Defense Blog reviews a Third Circuit Court of Appeals opinion reversing, on predominance and superiority grounds, a class certification order in a case filed by automobile dealers against a manufacturer:

http://classactiondefense.jmbm.com/2008/11/class_action_defense_casesdanv_1.html

Classified provides a synopsis of a decision by a Florida federal court addressing proof necessary to establish jurisdiction under the $5 million amount in controversy requirement in a case removed under the Class Action Fairness Act (CAFA) when the plaintiffs’ class definition was imprecise:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=243

Drug and Device Law comments on a Tennessee Supreme Court decision from earlier this year holding that claims under the state’s consumer protection law could not be brought as class actions:

http://druganddevicelaw.blogspot.com/2008/11/tennessee-rejects-consumer-fraud-class.html

Class Action Trends

Point of Law comments on a well-known personal injury firm switching its emphasis from asbestos cases to ERISA class actions involving fees charged in connection with 401K plans:

http://www.pointoflaw.com/archives/2008/11/asbestos-today.php

The WSJ Law Blog discusses a request for attorneys fees in a class action settlement for work done by temporary lawyers:

http://blogs.wsj.com/law/2008/11/24/in-xerox-class-action-fees-for-temp-lawyers-take-center-stage/

Class Action News

North Carolina Business Litigation Report offers the latest developments relating to a class action brought to enjoin a high profile bank merger:

http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/north-carolinas-attorney-general-and-state-treasurer-duke-it-out/

Securities Docket discusses the resolution of a battle between several large institutional investors for appointment as “lead plaintiff” in a securities class action against a mortgage lender:

http://www.securitiesdocket.com/2008/11/26/political-shoving-match-in-north-carolina-rebuts-lead-plaintiff-presumption-in-freddie-mac-case/

The Tampa Bay Tribune reports on a putative class action filed in Florida on behalf of voters challenging Florida’s decision to move up its primaries despite objections from both major parties:

http://www2.tbo.com/content/2008/nov/26/class-action-status-sought-suit-over-florida-prima/news-politics/

The UCL Practitioner summarizes the issues accepted for review by the California Supreme Court in a case implicating whether payment of alleged overcharges can constitute injury sufficient to support an action under the Unfair Competition Law (UCL) when those overcharges are passed on to third parties:

http://www.uclpractitioner.com/2008/11/statement-of-issues-on-review-in-clayworth-v-pfizer-inc.html

AMLAC & Fraud links to a CNN article reporting on the indictment of six people charged in connection with an alleged conspiracy to make fraudulent claims in class action settlements (see ClassActionBlawg entry about the story here):

http://amlac1.blogspot.com/2008/11/federal-government-charges-6-in-40.html

Class Action Commentary

Sergie Lemberg of LemonJustice.com offers a guest commentary on The Complex Litigator addressing the loser pays rule common in jurisdictions outside the Europe and opining that the rule hurts consumers:

http://www.thecomplexlitigator.com/2008/11/guest-blogger-sergei-lemberg-from-lemonjusticecom-on-the-loser-pays-system-and-why-it-hurts-consumer.html

The Race to the Bottom comments on trends in “foreign cubed” securities fraud class actions.  (See recent ClassActionBlawg commentary on the subject here):

http://www.theracetothebottom.org/home/no-bright-line-test-for-foreign-cubed-securities-fraud-actio.html

Class Action Reports

Tom Willging of the Federal Judicial Center (FJC) comments on Consumer Law & Protection Blog regarding the FJC’s recent report on trends in class action filings following the Class Action Fairness Act (CAFA):

http://pubcit.typepad.com/clpblog/2008/11/new-federal-judicial-center-study-on-the-class-action-fairness-action-one-of-the-authors-speaks.html

International Class Action Law

Shareholders Foundation discusses proposed European collective action procedures and how they might compare to the U.S. class action model:

http://shareholdersfoundation.com/?p=4647

Jurist reports on the Sixth Circuit’s decision affirming an order granting in part and denying in part a motion for summary judgment in a class action against the Vatican arising out of alleged clergy abuse by the Catholic Church:

http://jurist.law.pitt.edu/paperchase/2008/11/sixth-circuit-allows-class-action.php

With Vigour and Zeal offers notes on a variety of issues touching on international and transnational class and collective action litigation:

http://kranenburgesq.com/blog/2008/11/wrapping-it-up-26-november-2008/

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The October 2008 issue of the Federalist Society’s Class Action Watch is now available for free download at the organization’s website (see link to the March 2008 issue here).  This installment includes articles on punitive damage limits, medical monitoring, the selection of lead counsel in securities class actions, product-based public nuisance cases, the impact of conflicts of state law on class certification, and more…

Thanks to Ted Frank at Overlawyered for the tip.

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Here are some blog posts from the (2) weeks that were that might be of interest to class action practitioners:

Responses to the October 29 CABWR “Lay Down the Gauntlet” Challenge of the Week

Many thanks to Walter Olson at Point of Law for posting a link to the “Lay Down the Gauntlet” Challenge of the Week from the last CABWR, but alas, my question was either too uninformed to justify a response or so brilliant that everyone was stumped.  Or maybe Walter Olson is my only reader.  I guess if you only had one reader, he wouldn’t be a bad choice.  Oh well…

http://www.pointoflaw.com/archives/2008/11/meal-and-rest-b.php

Class Action Decisions

The UCL Practitioner provides a thorough analysis of the Seventh Circuit Court of Appeals decision in Thorogood v. Sears, Roebuck & Co., ___ F.3d ___ (7th Cir. Oct. 28, 2008) addressing aggregate class proof, in which Judge Posner quipped: “At argument the plaintiff’s lawyer, skeptical that men ever operate clothes dryers—oddly, since his client does—asked us to ask our wives whether they are concerned about rust stains in their dryers. None is.”

http://www.uclpractitioner.com/2008/11/new-seventh-circuit-class-certification-decision-thorogood-v-sears-roebuck-co.html

FiercePharma and Pharmalot discuss a Florida federal court’s decision dismissing a RICO case filed against a drug manufacturer for alleged fraud in its marketing practices about the safety and effectiveness of its product, a decision that appears to conflict with Judge Weinstein’s recent Zyprexa decision (discussed at the recent National Institute on Class Actions):

http://www.fiercepharma.com/story/judge-throws-out-rico-class-action/2008-11-11?utm_medium=rss&utm_source=rss&cmp-id=OTC-RSS-FP0 

http://www.pharmalot.com/2008/11/judge-tosses-rico-lawsuit-against-astrazeneca/

Consumer Law & Policy Blog comments on a New York state appellate court decision holding that incentive awards may not be given to named plaintiffs in class action settlements:

http://pubcit.typepad.com/clpblog/2008/11/new-york-appell.html

Wild Wild Law discusses a Nevada court’s decision to deny class certification in a case involving allegations that an endoscopy clinic’s use of needles contaminated with Hepatitis C and its subsequent notification to patients who may have been exposed, caused severe emotional distress.  (See ClassActionBlawg entry on the case here):

http://wildwildlaw.blogspot.com/2008/11/class-action-denied.html

Florida ADR Law.com provides a synopsis of a Florida federal court’s decision to uphold a class arbitration waiver provision in a consumer mobile phone service contract:

http://floridaarbitrationlaw.com/blogs/index.php?blog=5&title=atat_wireless_iphone_arbitration_class_a&more=1&c=1&tb=1&pb=1

First Mediation summarizes a California Court of Appeal decision overturning the approval of a class action settlement in part because the court had not inquired about data underlying settlement communications made during a mediation:

http://www.firstmediation.com/blog/?p=335

The Am Law Daily provides an update on a high-stakes antitrust class action against railroad operators:

http://amlawdaily.typepad.com/amlawdaily/2008/11/the-am-law-li-6.html

ZoneBlitz provides commentary and reaction to the jury’s verdict in favor of former NFL players in a class action against the NFLPA.  (See ClassActionBlawg entry here):

http://www.zoneblitz.com/2008/11/10/jury-awards-former-football-stars-281-million/

Spamnotes reacts to a Second Circuit Court of Appeals decision rejecting class certification under the Telephone Consumer Protection Act (TCPA):

http://spamnotes.com/2008/11/08/second-circuit–no-tcpa-class-action-in-ny.aspx

Drug and Device Law Blog provides a synopsis of a Massachussets federal court’s decision to limit the amount of a fee award in a class action settlement to the actual benefits claimed as opposed to the theoretical benefits obtained for class members:

http://druganddevicelaw.blogspot.com/2008/11/class-action-settlement-rant-tjx.html

The Complex Litigator discusses a rare appellate decision siding with an objector to a class action settlement:

http://www.thecomplexlitigator.com/2008/11/in-kullar-v-foot-locker-retail-inc-court-of-appeal-sides-with-objector-to-class-action-settlement.html

As always when I miss a week of CABWR, CAFA Law Blog has numerous great summaries on recent CAFA decisions, so I’ll just direct you to the main page.  Ditto for Class Action Defense Blog and its numerous case summaries on various class action-related topics:

Class Action Trends

The D&O Diary summarizes a recent NERA Economic Consulting report on trends in SEC settlements an their values following the passage of Sarbanes Oxley…

http://www.dandodiary.com/2008/11/articles/securities-litigation/nera-study-details-postsox-sec-settlements/

… and comments on future of the plaintiffs’ securities bar in light of recent scandals involving high profile lawyers:

http://www.dandodiary.com/2008/11/articles/plaintiffs-bar/the-future-of-the-plaintiffs-securities-bar/

Boston ERISA and Insurance Litigation Blog discusses a trend away from securities class actions and toward ERISA breach of fiduciary duty class actions:

http://www.bostonerisalaw.com/archives/401k-plans-you-say-securities-law-i-say-erisa.html

CAFA Law Blog offers some astute but unfortunately unconfirmed quotations on developments on the Class Action Fairness Act of 2005 from former VP candidate Sarah Palin in summarizing papers presented at a 2007 Penn Law Review symposium on CAFA:

http://www.cafalawblog.com/-resources-does-palin-know-cafa-you-betcha-thanks-to-the-2007-university-of-pennsylvania-law-review-symposium-and-accompanying-articles.html

Jim Hamilton’s World of Securities Regulation discusses the difficulties of bringing a securities fraud class action in the Fifth Circuit in light of its recent decisions on loss causation:

http://jimhamiltonblog.blogspot.com/2008/11/lost-causes-fraud-pleading-in-5th.html

The Race to the Bottom offers a multi-part analysis of trends in lower court cases addressing the Private Litigation Securities Reform Act of 1996 (PRLSA) since the U.S. Supreme Court’s 2007 decision in Tellabs, Inc. v. Makor Issues & Rights:

http://www.theracetothebottom.org/home/the-tellabs-excuse-a-recappart-1.html

http://www.theracetothebottom.org/home/the-tellabs-excuse-a-recappart-2.html

http://www.theracetothebottom.org/home/2008/11/12/the-tellabs-excuse-a-recappart-3.html

Class Action Commentary

Peter Brantley’s thoughts and speculations include a commentary on the impact of a proposed class action settlement in “arguably assisting in the creation of a monopoly”:

http://blogs.lib.berkeley.edu/shimenawa.php/2008/11/06/class-action-monopoly

Wage Law provides an analysis of the propriety of a defendant filing a preemptive motion to reject class certification before any class is certified:

http://www.californiawagelaw.com/wage_law/2008/11/motions-to-pre-de-certify.html

The Legal Infrastructure of Business discusses entertaining comments made in exclusion (opt-out) requests filed by would-be members of an Iowa consumer class:

http://picker.typepad.com/legal_infrastructure_of_b/2008/11/dont-count-me-i.html

Portfolio.com opines on the possible impact to New York City Mayor Bloomberg’s re-election bid of a discrimination class action filed by pregnant workers against the company that bears his name:

http://www.portfolio.com/executives/features/2008/11/11/Gender-Discrimination-at-Bloomberg

North Carolina Business Litigation Report comments on public comments by the N.C. state treasurer and other prominent people and how those comments reflect public sentiment regarding a proposed bank merger that a pending shareholder class action seeks to enjoin:

http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/north-carolina-state-treasurer-says-wachoviawells-fargo-merger-is-highway-robbery/

Overlawyered discusses a multi-million dollar settlement of claims against the Mexican government for alleged unpaid benefit amounts owed to workers who came to the U.S. during World War II as part of a guest worker program:

http://overlawyered.com/2008/11/wwii-era-mexican-braceros-settlement/

WiredMag comments that class actions “that seem funny aren’t always a laughing matter” to those involved, including one in which a plaintiff claims to have been tricked into paying premium fees for an Internet networking service based on representations that his classmates were looking for him…

http://wiredmag.livejournal.com/3526145.html

… more on the same case fromVibe …

http://www.vibetechmag.com/?p=2809

… and In other non-humorous Class Action News

Reacting to a class action filing that was tailor-made for the blogosphere, The ConsumeristSheFinds, Consumer Reports Blog, Jamerican Muslimah: Talking it Plain, Blogue, Behind Blue Eyes, The Red Dress Diary, Style Crunch and Winn & Tonic (and about a zillion others) offer varying perspectives on a putative class action filed against a well-known seller of women’s intimate apparel for allegedly selling bras treated with a substance that caused skin rashes:

http://consumerist.com/5084654/class-action-lawsuit-victorias-secret-bras-causing-skin-rashes

http://www.shefinds.com/blog/index.php/weblog/comments/news_victorias_secret_causes_a_rash/#When:13:00:43Z

http://consumerreportsblog.blogspot.com/2008/11/class-action-suit-claims-damages-caused.html

http://jamericanmuslimah.wordpress.com/2008/11/12/is-your-vickis-bra-making-you-sick/

http://blogue.us/2008/11/12/we-know-victorias-secret/

http://bechindblueeyes.blogspot.com/2008/11/victorias-secretformaldehyde-bras.html

http://style.popcrunch.com/victorias-secret-is-sexy-but-it-may-be-dangerous/

http://winnandtonic.wordpress.com/2008/11/11/victoria-secrets-bras-mutilate-breasts-no-bra-look-to-return/

Pro Football Talk summarizes the claims in a would-be class action filed by an NFL player against the manufacturer of a nutritional supplement manufacturer for failing to disclose to consumers that its product included a controlled substance–a substance perhaps not coincidently was banned by the NFL, and for which several current NFL players have tested positive:

http://www.profootballtalk.com/2008/11/10/grady-jackson-files-starcaps-class-action/

International Class Action Law

This South China Morning Post editorial discussing Hong Kong’s lack of a class action procedure and suggesting that now may be the time to adopt one and change the rules prohibiting contingent fees:

http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnextoid=1357e46f3178d110VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=insight&s=opinion

See this entry in Tan Kin Lian’s Blog for a link to the full article:

http://tankinlian.blogspot.com/2008/11/scmptime-to-reconsider-class-action.html

Several months ago, I commented on a story from Finnish newspaper YLE discussing Finland’s never-once-used class action law.  Well, according to this story, the wait is over.  Apparently, the consumer ombudsman has filed a class action over problems with an electronic voting system used during recent municipal elections:

http://www.yle.fi/news/id107325.html

FP Legal Post offers tips for defendants in avoiding class action exposure in Canada through proactive internal complaint resolution:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/11/10/preventative-measures-for-class-action-defendants.aspx

大海的道味 discusses a legal battle facing two Internet companies in Argentina in a case that the author says “amounts to a class action suit against the Internet companies, although there is no such thing as a class action suit in Argentina”:

http://zhou520530qq.blogspot.com/2008/11/argentine-judge-google-yahoo-must.html

Legal Theory Blog and Mass Tort Litigation Blog provide an abstract of a scholarly article by NYU Law Professors Samuel Issacharoff and Geoffrey P. Miller entitled “Will Aggregate Litigation Come to Europe?”:

http://lsolum.typepad.com/legaltheory/2008/11/issacharoff-mil.html

http://lawprofessors.typepad.com/mass_tort_litigation/

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Here are some blog entries from the week that was that might be of interest to class action practitioners:

Class Action Art?

In one of the more original class action-related blog postings ever featured in the CABWR, Artist Izhar Cohen has created a graphic description of an Israeli court’s recent class action ruling in a case filed against a milk container manufacturer in his blog My Window (see CAB entry discussing the decision here):

http://izharcohen.wordpress.com/2008/10/20/297/

Class Action Decisions

The Complex Litigator and Wage Law break the news on the California Supreme Court’s decision to grant a petition for review in the wage and hour class action case, Brinker v. Superior Court:

http://www.thecomplexlitigator.com/2008/10/breaking-news-p.html

http://wagelaw.typepad.com/wage_law/2008/10/supreme-court-to-review-brinker.html

Also see The Complex Litigator for this commentary on a California Court of Appeal decision reversing de-certification of a class action brought under the California Unfair Competition Law (UCL) based on the ascertainability of class members:

http://www.thecomplexlitigator.com/2008/10/court-reverses.html

The UCL Practitioner summarizes a California Court of Appeal decision addressing the distribution of funds set aside to pay class action settlement awards in a claims-made settlement (See CAB entry discussing claims-made settlements here), when the parties have not agreed to a specific method for dealing with those funds…

http://www.uclpractitioner.com/2008/10/new-class-action-settlement-decision-cundiff-v-verizon-california-inc.html

…and a Ninth Circuit Court of Appeals decision discussing choice of law issues in a case involving the enforceability of a class arbitration waiver clause:

http://www.uclpractitioner.com/2008/10/ninth-circuit-opinion-on-no-class-action-arbitration-clauses-hoffman-v-citibank-south-dakota-na.html

ContractsProf Blog reports on a New York appellate court decision upholding the denial of a motion to dismiss in a would-be class action filed against a credit card company over alleged improper disclosure of gift card fees:

http://lawprofessors.typepad.com/contractsprof_blog/2008/10/gift-card-class.html

Phoenix New Times blog Valley Fever discusses a federal court’s ruling in favor of a class of inmates challenging the constitutionality of their treatment and the conditions at the Maricopa County, Arizona jail:

http://blogs.phoenixnewtimes.com/valleyfever/2008/10/breaking_fed_judge_rules_again.php

The Overtime Blog discusses a wage and hour class certification decision discussing the information that the defendant was required to produce in order to assist the plaintiff to update address information for class members:

http://overtimelaw.blogspot.com/2008/10/northern-district-of-illinois-court.html

CAFA Law Blog has an uncharacteristically serious analysis of a case highlighting the importance of a putative class definition in determining whether jurisdiction exists under the Class Action Fairness Act (CAFA):

http://www.cafalawblog.com/-case-summaries-class-definition-can-be-the-determinative-factor-in-deciding-cafa-diversity-jurisdiction.html

Class Action Defense Blog offers a synopsis of a Fifth Circuit Court of Appeals decision reversing class certification in a case under the Telephone Consumer Protection Act (TCPA), holding that the plaintiff could not prove lack of consent to receive fax advertisements on a class-wide basis:

http://classactiondefense.jmbm.com/2008/10/class_action_defense_casesgene.html

International Class Action Law

China Business Law Blog and China Law Blog both comment on a New York Times article discussing the challenges facing efforts to seek redress in China’s courts from injuries allegedly caused by the recent tainted milk scandal.  (See previous CAB entry here):

http://chinabusinesslawblog.com/?p=60

http://www.chinalawblog.com/2008/10/chinas_courts_and_tainted_milk.html

Class Action (and Related) Commentary

Point of Law offers analysis of a challenge to the constitutionality of the FISA Amendments Act of 2008, which permitted the U.S. Attorney General to seek dismissal of pending class actions against telecommunications companies for their roles in cooperating with a federal surveillance program:

http://www.pointoflaw.com/archives/2008/10/back-in-court-f.php

FP Legal Post expresses disgust over a battle between Canadian class action firms over the right to represent the plaintiff class in a settlement with a life insurance company:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/10/16/battle-over-class-action-clients-disgusting.aspx

Mass Tort Litigation Blog comments on and makes a request for input on the phenomenon of Internet forums dedicated to communication between mass tort claimants and their attorneys:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/query-on-messag.html

North Carolina Business Litigation Report explains some of the nuances of a shareholder class action filed in the North Carolina Business Court seeking to enjoin a bank merger:

http://www.ncbusinesslitigationreport.com/2008/10/articles/class-actions/shareholder-class-action-filed-in-north-carolina-business-court-to-enjoin-wachoviawells-fargo-merger/

Class Action News

Classified summarizes recent class action-related news:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=242

The Am Law Daily and the NLJ Legal Pad/LA report on the filing of a class action lawsuit under the federal WARN Act and various state wage laws by several former employees against the recently dissolved international law firm Heller Ehrman:

http://amlawdaily.typepad.com/amlawdaily/2008/10/heller-faces-cl.html

http://www.lalegalpad.com/2008/10/three-laid-off-heller-ehrman-employees-file-class-action-complaint-against-the-firm.html

Love Note Press reports on a plea from a Singapore politician for investors not to file securities class action suits against failing banks:

http://lovenotepress.com/2008/10/22/low-thia-khiang-urges-affected-investors-not-to-file-class-action-suits-against-banks/

… and more on the story and related news from The Online Citizen:

http://theonlinecitizen.com/2008/10/wp-concerned-about-class-action-suitby-investors/

Overlawyered comments on an Australian newspaper’s report on a class action against the International Olympic Committee, asserting that the organization failed to act quickly enough in taking action against a website that was using its trademarks to scam ticket purchasers:

http://overlawyered.com/2008/10/bogus-olympic-ticket-scam/

Class Action Trends

The D&O Diary provides an update on the latest in litigation filed in the wake of the global financial crisis and government bailout:

http://www.dandodiary.com/2008/10/articles/subprime-litigation/global-bailouts-us-lawsuits/

E-Tips discusses trends in decisions on the enforceability of class arbitration waivers in various jurisdictions in the U.S. and Canada:

http://www.dww.com/?p=1353

Gabe’s Guide to the e-Discovery Universe describes a harrowing escape from a hurricane and throws in some tidbits on e-discovery and subprime litigation trends:

http://gabesguide.com/?p=1064

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