Here are some blog entries from the week that was that might be of interest to class action practitioners:
Class Action Blog Post Title of the Week
CAFA Law Blog‘s entries often make me chuckle, but here is one that had me rolling for some reason (probably lack of sleep due to late night blogging): “Plaintiff Gets His Bic Flicked on a CAFA Removal in California”:
Class Action Decisions
The Complex Litigator and The UCL Practitioner both offer commentary on a California Court of Appeal decision addressing the collateral estoppel effect of a final order denying class certification on a subsequent class action brought by a different named plaintiff but raising the same claims:
http://www.uclpractitioner.com/2006/10/new_class_certi.html
http://www.thecomplexlitigator.com/2008/10/procedural-news.html
Class Action Defense Blog summarizes an Eighth Circuit Court of Appeals decision upholding a class arbitration waiver clause:
http://classactiondefense.jmbm.com/2008/10/arbitration_class_action_defen_9.html
Class Action Trends
Compliance Week provides some excellent commentary on the rise of subprime mortgage litigation in an article that includes quotes on subprime litigation trends from The D&O Diary‘s Kevin LaCroix and one of my law partners, Fritz Chockley:
http://www.complianceweek.com/article/5079/sub-prime-litigation-its-only-just-begun
For synopses of various cases addressing Truth in Lending Act (TILA) issues, including the viability of class actions for rescission of mortgages, see this entry from Foreclosure Combatant. (Note that the Seventh Circuit Court of Appeals recently overturned the decision in Andrews v. Chevy Chase Bank. See this September 26 CAB Entry).
http://loanaudit.wordpress.com/2008/10/15/truth-in-lending-act-developments/
Mass Tort Litigation Blog provides information about the speakers scheduled for the upcoming 12th Annual ABA National Institute on Class Actions in New York City:
http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/12th-annual-aba.html
Class Action News
RetiredPlayers.org reports on the commencement of the trial in a class action brought on behalf of former NFL players against the NFL Players’ Association and Player’s, Inc. seeking a share of licensing revenues:
http://retiredplayers.org/2008/10/15/retired-players-class-action-trial-to-begin-next-week/
The D&O Diary reports on what may be the first settlement of a subprime-related securities class action:
Overlawyered provides a link to a Connecticut Employment Law Blog entry updating readers on proceedings in an employment class action filed by several professional wrestlers against WWE and discussing why the case may have broader implications in cases involving the distinction between an employee and independent contractor. (Aside-There’s still no sign of a consumer fraud class action against professional wrestling on the grounds that it is fake–I know, it would be extremely difficult to prove):
http://overlawyered.com/2008/10/update-wrestlers-class-action-against-wwe/
Class Action Commentary
Legal Radar comments on the impact of the denial of class certification in cases brought by rice farmers against a seed manufacturer for alleged contamination caused by its genetically modified seeds:
http://www.legalradar.com/2008/10/class-action-ag.html
Pro Publica discusses the challenge facing the plaintiffs in securities class actions filed in the wake of the recent credit crisis in light of the heightened burden of proof in securities class actions under the 1995 Private Securities Litigation Reform Act (PSLRA):
TM&S offers commentary on the “fairness” of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which has generated controversy by providing a vehicle for class action liability to small business due to technical violations of credit card receipt requirements…
http://www.tmspay.com/2008/10/14/is-facta-really-fair-and-accurate/
… and here’s more insightful FACTA commentary from guest columnist Randy J. Maniloff, writing for Point of Law:
http://www.pointoflaw.com/columns/archives/2008/10/whole-enchilada-inc-v-traveler.php
Class Action Reform
Drug and Device Law follows up on a recent post discussing Michigan Law Professor Adam Pritchard’s idea for corporations to stave off “fraud on the market” securities class actions through amendments to their articles of incorporation:
http://druganddevicelaw.blogspot.com/2008/10/end-of-securities-fraud-class-actions_15.html
International Class Action Law
News Link provides a brief introduction to class action law in India:
http://www.newslink.in/2008/10/15/all-about-the-class-action-lawsuit/
Pogo Was Right responds to a Korea Times article discussing a potential class action suit against an Internet company accused of leaking private consumer information. The news article includes a description of an interesting dispute resolution procedure to be employed prior to trial:
http://www.pogowasright.org/article.php?story=20081012081754274
With Vigour and Zeal summarizes a report issued by the law firm Fullbright & Jaworski on litigation trends and statistics, including statistics on UK companies facing class actions in the US and on subprime-related class actions:
http://kranenburgesq.com/blog/2008/10/fulbrights-fifth/
Class Action Potpourri
Legal Writing Competitions announces a law student writing competition in which the winner will be selected for publication in Class Action Reports:
http://legalwritingcompetitions.blogspot.com/2008/10/class-action-reports-publication.html
Hair Balls reports on the case of a disgruntled traveler who brought a class action against an airline for having to pay a fuel surcharge for a flight he didn’t take:
http://blogs.houstonpress.com/hairballs/2008/10/guy_sues_continental_airlines.php
Cannabis Liberty muses about the possibility of a class action to vindicate the victims of false positives in drug testing due to their choice of adopting an “organic natural lifestyle”:
http://cannabisliberty.com/2008/10/09/a-class-action-suit-id-like-to-see/
Appreciate the mention.