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Archive for September 9th, 2008

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

Class Action Decisions

Law and Insurance discusses a recent Texas Supreme Court decision holding that a duty to defend was triggered in the context of class actions in which the plaintiffs argued that an alleged product defect in cell phones allegedly could cause brain injury, even though the plaintiffs only sought to recover the cost of a headset as damages on behalf of class members and did not seek damages for actual bodily injuries…

http://lawandinsurance.typepad.com/law_and_insurance/2008/09/cost-of-cellpho.html

… and Point of Law discusses a Pennsylvania federal court decision dismissing a putative class action involving similar claims that cell phones cause brain damage on federal preemption grounds:

http://www.pointoflaw.com/archives/2008/09/angelos-strikes.php

CAFA Law Blog discusses a Rhode Island federal court decision rejecting the “legal certainty” standard for meeting the $5 million amount in controversy requirement under CAFA:

http://www.cafalawblog.com/-case-summaries-short-case-from-small-state-rhode-island-handles-cafa-amount-in-controversy-standard.html

Alaska Employment Law discusses a 9th Circuit Court of Appeals decision upholding sanctions in an FLSA/state wage hybrid class action for the failure to provide Rule 26 damages disclosures for all plaintiffs who opted in to the suit:

http://www.akemplaw.com/wiki/2008/09/04/9th-cir-sanctions-in-hybrid-flsa-opt-in-class-action/

How Appealing and Securities Docket discuss and provide links to a Third Circuit Court of Appeals decision reversing a lower court’s dismissal of a securities fraud case involving statements about the commercial marketability of the drug Vioxx:

http://howappealing.law.com/090908.html#030206

http://www.securitiesdocket.com/2008/09/09/third-circuit-reverses-dismissal-by-lower-court-in-merck-securities-class-action/

Plan Adviser summarizes and provides a link to a recent Iowa federal district court decision denying class certification in an ERISA case filed against a retirement plan service provider on behalf of a would-be class of tens of thousands of 401K plans:

http://www.planadviser.com/article.php/2778

Class Action Defense Blog summarizes an Eleventh Circuit Court of Appeals Decision upholding decertification of a class based on the individualized nature of the damages claimed in a case alleging federal Truth in Leasing regulations:

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

Class Action News

The Complex Litigator reports that a petition for review has been filed in the highly publicized wage and hour class action decision by the California Court of Appeal in Brinker Restaurant Corp. v. Superior Court:

http://www.thecomplexlitigator.com/2008/09/petition-for-re.html

The D&O Diary discusses a securities class action filing against mortgage giant Fannie Mae in the wake of the federal government’s takeover this past weekend:

http://www.dandodiary.com/2008/09/articles/subprime-litigation/first-the-government-takeover-then-the-lawsuit/

Classified provides a summary of recent class action news from the Southeastern U.S.:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=236

THR Esq. reports on the upcoming trial date in a class action filed by former NFL players against the NFL Player’s Association:

http://reporter.blogs.com/thresq/2008/09/class-action-ag.html

PogoWasRight.org discusses reports on a trend in Korea on class action filings resulting from alleged acts of illegal downloading of customer information from publicly available broadband wireless connections:

http://www.pogowasright.org/article.php?story=20080908063543355

Class Action (and related) Commentary

The Race to the Bottom offers more installments of its response to securities class action reforms proposed by the U.S. Chamber of Commerce Institute for Litigation Reform:

http://www.theracetothebottom.org/home/the-chamber-of-commerce-and-excessive-litigation-be-careful-5.html

Drug and Device Law Blog provides a follow up to last week’s discussion of the Multidistrict Litigation (MDL) process:

http://druganddevicelaw.blogspot.com/2008/09/how-long-does-mdl-process-take.html

Class Action Settlements

Overlawyered and The AmLaw Daily report on the $688 million fee award approved for imprisoned lawyer William Lerach’s former firm in a class action settlement arising out of the Enron scandal:

http://overlawyered.com/2008/09/enron-class-action-lawyers-set-to-get-688-million/

http://amlawdaily.typepad.com/amlawdaily/2008/09/coughlin-stoia.html

Life of Brad asks lawyers for help in assessing whether any negative repercussions might come of his decision to do nothing and remain part of a class action settlement:

http://lifeofbrad.wordpress.com/2008/09/03/symantec-corporation-class-action-lawsuit-vs-a-lot-of-people/

Canadian Class Action Law

Morton’s Musings reports on a ruling by an Ontario court allowing a class action to proceed against the Canadian federal government for alleged negligence in allowing “Mad Cow” disease to spread into the Canadian market from England:

http://jmortonmusings.blogspot.com/2008/09/mad-cow-class-action-gets-judges.html

Dipper Chick discusses the use of class actions as a tool by minority party candidates in Canada for seeking ballot and media access in elections:

http://dipperchick.blogspot.com/2008/09/dion-doesnt-get-to-bring-his-personal.html

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