Feeds:
Posts
Comments

Archive for July 22nd, 2008

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

 

Class Action Decisions

 

The Complex Litigator has breaking news on a significant decision issued today by the California Court of Appeal reversing, on predominance grounds, a class certification order in a wage and hour class action involving claims for unpaid wages for hours worked during meal breaks.

 

http://www.thecomplexlitigator.com/2008/07/breaking-news-m.html

 

CAFA Law Blog finds comparisons to Jeff Spicoli and Mr. Hand from Fast Times at Ridgemont High in a California federal court decision allowing discovery prior to a ruling on a motion to remand a class action removed under CAFA.

 

http://www.cafalawblog.com/-case-summaries-well-show-you-ours-if-you-show-us-yours-court-allows-preremand-discovery-to-support-amount-in-controversy-dispute.html

 

For a review of several recent federal decisions addressing CAFA issues, see this entry from The UCL Practitioner:

 

http://www.uclpractitioner.com/2008/07/four-new-cafa-o.html

 

Class Action Defense Blog provides a thorough review of a recent Fifth Circuit Court of Appeals Decision discussing the applicability of the excusable neglect standard in assessing a class member’s request to opt out of a class action settlement after the opt-out deadline.

 

http://classactiondefense.jmbm.com/2008/07/class_action_defense_issuessil.html

 

North Carolina Appellate Blog reviews a recent North Carolina Court of Appeals decision addressing the full faith and credit to be given the class certification decision of another state’s court (See last week’s CABWR for more on this decision from North Carolina Business Litigation Report).

 

http://womblencappellate.blogspot.com/2008/07/coa-holds-that-full-faith-and-credit.html

 

Mass Tort Litigation Blog discusses Pennsylvania Supreme Court’s decision to grant review of class certification issues and due process issues relating to class certification of a breach of express warranty claim in a case filed against an automobile manufacturer for allegedly defective brakes…

 

http://lawprofessors.typepad.com/mass_tort_litigation/2008/07/kia-class-actio.html

 

…and more on the same decision from Point of Law

 

http://www.pointoflaw.com/archives/2008/07/pennsylvania-high-court-to-hea.php

 

Overlawyered summarizes an opinion highlighted in a New York Law Journal article published last week in which United States District Judge Jed Rakoff refused to appoint one of two named plaintiffs as a class representative on inadequacy grounds, stating that the would-be representative was merely a “pawn of counsel” and that he would “not be party to a sham.”  (But note that Judge Rakoff did grant certification as to the other class representative).

 

http://overlawyered.com/2008/07/mere-pawn-of-counsel/ 

http://overlawyered.com/2008/07/labaton-sucharow-rebuffed-again/

 

Class Action Trends

 

D&O Diary discusses the impact of the economic downturn as a cause of increased securities class action filings…

 

http://www.dandodiary.com/2008/07/articles/securities-litigation/bad-economic-vibe-means-more-securities-litigation/

 

… and recent developments in issues relating to federal jurisdiction, removal, and remand of certain securities class actions.

 

http://www.dandodiary.com/2008/07/articles/securities-litigation/section-11-lawsuits-coming-soon-to-a-state-court-near-you/

 

IP Finance comments on a recent Law.com article discussing potential trends in shareholder class actions spawned by patent disputes (see my commentary on this case here).

 

http://ipfinance.blogspot.com/2008/07/magma-security-class-action.html

 

Commentary

 

Class Reactions comments on a New York Times article discussing a class action filed on behalf of cruise ship passengers who purchased art at onboard auctions:

 

http://classreactions.com/?p=49

 

Wage Law offers commentary on another New York Times article about reports from the Government Accountability Office critical of the Department of Labor’s Wage and Hour Division’s performance and suggests that this poor performance in ensuring compliance has led workers to look to private attorneys for redress for wage and hour violations.

 

http://wagelaw.typepad.com/wage_law/2008/07/gao-sharply-criticizes-wage-and-hour-division.html

 

Central La. Politics responds to criticisms from a local radio personality on class actions against drug manufacturers:

 

http://centrallapolitics.blogspot.com/2008/07/more-ignorant-rant-from-ksyls-dave.html

 

Class Action Scandals

 

Point of Law provides an update on continuing fallout from the Dickie Scruggs bribery scandal:

 

http://www.pointoflaw.com/archives/2008/07/more-scruggs-trouble-rigsby-br.php

 

Class Action Legislation and Reform

 

The Weekly Standard Blog addresses the highly publicized scandal involving Milberg Weiss attorney William Lerach and securities class action reform legislation proposed by Texas Senator John Cornyn entitled the Securities Litigation Attorney Accountability and Transparency Act (SLAATA).  (See my earlier commentary on the proposed bill here)

 

http://www.weeklystandard.com/weblogs/TWSFP/2008/07/cornyn_takes_on_class_action_m.asp

Read Full Post »