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Archive for September 2nd, 2008

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

Class Action Decisions

The UCL Practitioner provides a summary of recent decisions in several U.S. Circuit Courts of Appeals involving the standards for approving class action settlements and fee awards.  http://www.uclpractitioner.com/2008/08/recent-class-ac.html

Class Action Defense Blog comments on a California federal court decision addressing class certification in a wage and hour class action for alleged unpaid wages for meal and rest breaks in light of the California Court of Appeal’s recent decision in Brinker Restaurant Corp. v. Superior Court (2008 WL 2806613)…

http://classactiondefense.jmbm.com/2008/09/class_action_defense_caseskimo.html

… and  more from the same decision on National Law Journal’s Legal Pad, LA…

http://www.lalegalpad.com/2008/09/federal-judge-r.html

… and commentary from Wage Law on the possible unintended consequences of Brinker.

http://wagelaw.typepad.com/wage_law/2008/08/the-law-of-unintended-consequences.html

CAFA Law Blog provides another entertaining musical revue of a CAFA remand case, this time to the tune of a Steve Miller Band favorite:

http://www.cafalawblog.com/-case-summaries-plaintiff-gets-on-that-707-with-plans-of-rridin-high-but-that-big-ol-jet-airliner-wont-carry-her-too-far-away.html

Classified offers a synopsis of a Florida federal court decision analyzing whether the superiority element of class certification was met in a fair debt collection case despite the fact that the alleged damages of individual class members were de minimus:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=235

The Insurance Reinsurance Blog summarizes and provides a link to an Eighth Circuit Court of Appeals decision upholding a lower court’s decision dismissing an insurance class action on the ground that permitting a federal lawsuit to go forward would impair Missouri’s right to regulate insurance and would violate the McCarran-Ferguson Act.

http://www.insurereinsure.com/BlogHome.aspx?entry=929

North Carolina Appellate Blog summarizes a North Carolina Court of Appeals decision holding that Rule 23(c) did not require notice to absent class members in the event of a court-ordered dismissal as opposed to a voluntary dismissal.

http://womblencappellate.blogspot.com/2008/09/coa-holds-that-no-class-notice-required.html

Several blogs, including the Consumerist, Tech News, and LawMemo commented on the Washington Supreme Court’s decision last week holding a class arbitration waiver unconscionable.

http://consumerist.com/5043570/washington-upholds-att-customers-right-to-class-action#c7514731

http://www.newsvine.in/2008/09/02/once-again-court-says-telco-cant-force-arbitration-over-a-lawsuit/

http://www.lawmemo.com/arbitrationblog/2008/09/unconscionabili.html

Practice Tips

Drug and Device Law Blog offers an excellent summary of the Multidistrict Litigation (MDL) coordination process:

http://druganddevicelaw.blogspot.com/2008/09/multidistrict-litigation-process.html

The Complex Litigator has been providing on-location updates from the Consumer Attorneys Association of LA (CAALA) annual convention, including this summary of practice pointers on the prosecution of class actions in California by attorney Jerome Ringler:

http://www.thecomplexlitigator.com/2008/08/liveblogging–2.html

Class Action Trends

DigitalDay Break comments on what a recent class action lawsuit and settlement regarding online accessibility for the disabled might mean to online marketers.

http://digitaldaybreak.wordpress.com/2008/09/02/what-the-target-accessibility-lawsuit-ruling-means-to-online-marketers/

The D&O Diary discusses reasons why D&O insurance premiums have not skyrocketed despite the recent wave of subprime litigation.

http://www.dandodiary.com/2008/08/articles/d-o-insurance/subprime-lawsuits-mount-so-what-about-do-pricing/

Class Action (and related) Commentary

Federal Civil Practice Bulletin summarizes an article from Vanderbilt Professor Richard A. Nagreda entitled “Class Certification in the Age of Aggregate Proof”:

http://federalcivilpracticebulletin.blogspot.com/2008/09/prof-nagareda-posts-article-on-class.html

Overlawyered reports on a modest proposal from ESPN Columnist Rick Reilly that a class action be filed against minor league baseball players who “sat stewing in the minors while big leaguers were allowed to cheat.” 

http://overlawyered.com/2008/08/espn-columnist-minor-league-players-should-sue-over-steroids/

North Carolina Business Litigation Report discusses a North Carolina Court of Appeals decision allowing a plaintiff to proceed in a usury and deceptive trade practices action challenging the practice of litigation funding, or an agreement providing for an advance of litigation costs by a law firm in exchange for a premium return in the event that the case was successful.  Coincidently, the decision comes as the practice of litigation funding is becoming more common overseas.

http://www.ncbusinesslitigationreport.com/2008/09/articles/class-actions/the-practice-of-litigation-funding-gets-a-chilly-reception-from-the-north-carolina-court-of-appeals/#more

and more commentary on the acceptance of litigation funding in loser pays jurisdictions like Australia, from Point of Law:

http://www.pointoflaw.com/archives/2008/09/shareholder-cla.php

Mass Tort Litigation Blog addresses recent changes to British law permitting investment in law firms:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/08/uk-changes-allo.html

The Race to the Bottom provides a critical, multi-part response to a July report issued by the U.S. Chamber of Commerce Institute for Litigation Reform, which proposed various reforms in securities class actions.

http://www.theracetothebottom.org/home/the-chamber-of-commerce-and-excessive-litigation-be-careful-3.html

“Urban-based accidental journalist” curb girl laments life as an absent class member in a class action settlement involving health insurance in a way that she does not find entirely clear:

http://sidewalkeater.blogspot.com/2008/09/class-action.html

Class Action Politics?

Christina Walldren criticizes Barack Obama’s support for the Class Action Fairness Act (CAFA), arguing that CAFA has the effect of “shutting off avenues of redress” for “working class people”…

http://christinawalldren.com/2008/09/02/we-shall-overcome/

… and more commentary sharing the same general sentiment from the designers.

http://jevdet.blogspot.com/2008/09/corporate-state-lackey-obama.html

As an aside, for all of you disenfranchised members of the radical left, In case it helps you feel better, I can tell you from experience that discrimination, employment, and consumer fraud class actions are still going strong and state courts are still seeing their fair share of class actions despite the “thinly veiled ‘special interest extravaganza'” that led to CAFA’s passage–and PLEASE remember that a vote for Ralph Nader (or Dr. John Hagelin or Lyndon LaRouche) is a vote for Bush.

But lest you think that the far left is the only group not solidly on the Obamamania bandwagon, here’s an entry from the Delaware Curmudgeon quoting with approval this analysis from legal scholar “jmflynny,” who responds to an Obama campaign charge that John McCain and Sarah Palin are against equal pay for equal work with the statement that “the Democrat Party hates businesses, given that they want to give any employee the right to file, without proof, class-action lawsuits for something that may or may not have happened decades ago.”

http://delawarecurmudgeon.blogspot.com/2008/09/on-equal-pay-for-equal-work-issue.html

Another friendly reminder–a vote for Bush is also a vote for Bush.  A vote for Bob Barr on the other hand…

…Nope.  Still a vote for Bush.

Finally, here is arguably the most balanced blog commentary from this past week on the relative positions of the presidential candidates on class action and tort reform issues, written by, I hate to admit this, a trial lawyer…

http://www.nctriallawblog.com/north_carolina_trial_law_/2008/08/mccain-v-obama.html

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