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Archive for July 1st, 2008

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

 

Class Action Decisions

 

Summaries and commentary of class action case decisions highlighted this past week’s class action blog postings:

 

The Complex Litigator provides an analysis of a recent California Court of Appeal decision upholding a defendants’ motion to strike class allegations in a would-be class action prior to the plaintiffs filing a motion for class certification, including clarification of the procedural basis for the defendant’s request to “strike” the class allegations:

 

http://www.thecomplexlitigator.com/2008/06/court-of-appeal.html

 

Drug and Device Law Blog offers a “short rant” critical of a recent Arkansas Supreme Court decision holding that a “rigorous analysis inquiry” of class certification requirements is not required under Arkansas procedure:

 

http://druganddevicelaw.blogspot.com/2008/07/arkansan-atrocity-general-motors-v.html

 

CAFA Law Blog is back with a CAFA removal case summary that hearkens us back to childhood and those “Choose Your Own Adventure” books (which I used to love even though I always seemed to end up with the bad ending).

 

http://www.cafalawblog.com/-case-summaries-defendant-tries-to-choose-its-own-adventure-and-remove-under-cafa-but-is-sent-back-down-to-state-court-anyway.html

 

Consumer Law & Policy Blog comments on a New Mexico Supreme Court decision prohibiting class action waivers in consumer agreements…

 

http://pubcit.typepad.com/clpblog/2008/06/new-mexico-supr.html

 

…more from Alabama Consumer Law Blog on the same decision...

 

http://www.alabamaconsumerlawblog.com/2008/06/another_court_strikes_down_cla.html

 

… and LegalNewsline.com provides commentary from the New Mexico Attorney General on the impact of the decision:

 

http://www.legalnewsline.com/news/213917-ag–says-court-decision-opens-the-door-for-class-action-against-dell

  

North Carolina Appellate Blog summarizes a recent Fourth Circuit Court of Appeals decision clarifying the burden of proving federal jurisdiction and other standards for removal under CAFA.

 

http://womblencappellate.blogspot.com/2008/06/fourth-circuit-clarifies-cafa-removal.html

 

Daily Kos summarizes the court’s ruling following a bench trial in a lawsuit filed by veterans’ groups against the Veteran’s Administration seeking reforms in health care and claims procedures for veterans (see my earlier commentary on characterizations of this case as a “class action” here and here):

 

http://www.dailykos.com/storyonly/2008/6/26/132220/509

 

Wisblawg comments on the class certification decision in a lawsuit challenging the constitutionality of Wisconson’s “diploma privilege” which allows in-state graduates to be admitted to the bar without taking the bar exam (see previous entries discussing this decision here and here):

 

http://www.law.wisc.edu/blogs/wisblawg/2008/06/wisconsin_diploma_privilege_su.html

 

Corporate Legal Times discusses a Third Circuit Court of Appeals’ opinion in a class action claiming that a hospital’s practice of charging uninsured patients more than insured patients violated consumer protection laws.

 

http://www.cltmag.com/3rd-circuit-class-action-no-cure-for-uninsured-patients-bill.html

 

Subprime Mortgage Lawsuits

 

Busted: Bankers and the Digital Economy comments on a recent California federal court decision in a class action lawsuit filed under the Truth in Lending Act…

 

http://digitaleconomy.wordpress.com/2008/06/30/good-news-for-cheated-homeowners/

 

…commentary on the same case from LoanWorkout.org.

 

http://loanworkout.org/2008/07/mortgage-ruling-could-shock-us-banking-industry/

 

Class Action Trends

 

This seemed like a good week to highlight some excellent recurring features provided by other class action-related blogs.

 

The D&O Diary provides periodic updates of trends in securities lawsuit filings and related statistics:

 

http://www.dandodiary.com/2008/06/articles/securities-litigation/midyear-2008-securities-lawsuit-filings-remain-up/ 

 

Class Action Defense Blog provides a weekly summary of the trends in class action filings in the California courts:

 

http://classactiondefense.jmbm.com/2008/06/business_as_usual_labor_law_cl.html

 

Classified provides periodic summaries of class action news:

 

http://www.carltonfields.com/classactionblog/blog.aspx?entry=229

 

Class Action Scandals

 

One class action lawyer is sentenced…

 

The blogosphere was quick to react to the 5-year prison sentence of class action lawyer Dickie Scruggs for conspiracy to commit bribery

 

From Marianne M. Jennings:

 

http://www.mariannejennings.com/?p=47

 

From the NY Times Dealbook Blog:

 

http://dealbook.blogs.nytimes.com/2008/06/27/class-action-lawyer-gets-5-years-in-bribery-case/

 

…while another is acquitted…

 

Letter of Apology reports that Melbourne Mills Jr., one of the three defendants in the Kentucky fen-phen wire fraud trial has been acquitted, while the jury continues deliberations over charges brought against two co-defendants:

 

http://letterofapology.com/2008/07/01/mills-acquitted-in-kentucky-fen-phen-case-jury-still-out-on-other-two-defendants/

  

Class Action Settlements

 

Overlawyered contributor Ted Frank recounts his appearance as an objector in the fairness hearing of a settlement involving the Grand Theft Auto video game…

 

http://overlawyered.com/2008/06/grand-theft-auto-class-action-the-argument/

 

…for more commentary from the settlement and a link to a New York Times article discussing the case, see this entry on Gamepolitics.com

 

http://www.gamepolitics.com/2008/06/25/ny-times-probes-legal-fees-hot-coffee-class-action-settlement

 

Class Action Legislation and Reform

 

Law and More provides commentary and an interview with attorney Joseph K. Hetrick comparing the mechanical and philosophical differences between the U.S. legal system and those in European countries, including predictions about European class action reforms.

 

http://lawandmore.typepad.com/law_and_more/2008/06/legal-systems-of-eu-uk-far-east-give-competitive-advantages-asserts-attorney-joseph-k-hetrick-of-dechert.html

 

The American Gathering of Jewish Holocaust Survivors and their Descendants has posted a bill being considered by the U.S. House of Representatives that would provide a federal cause of action for claims for benefits under Holocaust-era insurance policies.  The bill has a provision dealing with opt-out rights of claimants in pending or new class actions seeking benefits under Holocaust-era insurance policies.

 

http://www.americangathering.com/2008/06/29/3315/revised-hr-1746-as-marked-up-by-the-congressional-committee-on-finance-and-banking/ 

 

Class Action Cinema

 

Finally, films about class actions are highlighted in recent film review blog entries.  The Sweet Hereafter gets a 4-Star rating from Daily Film Dose

 

http://www.dailyfilmdose.com/2008/07/sweet-hereafter.html

 

…but North Country gets a mixed review from I Think Therefore I Review: 

 

http://ithinkthereforeireview.blogspot.com/2008/07/north-country.html

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