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Posts Tagged ‘blogosphere review’

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 comments on a California Court of Appeal decision discussing, in dicta, the viability of defendant classes in California…

 

http://www.uclpractitioner.com/2008/07/court-of-appeal.html

 

… and as The Complex Litigator notes with regard to the same decision, the court “penned a brief gem of a comment that will be of interest to class action practitioners (and nobody else on the planet),” which makes it perfect for the CABWR!

 

http://www.thecomplexlitigator.com/2008/07/the-little-used.html

 

CAFA Law Blog offers the latest in a series of CAFA musical revues, summarizing a recent South Carolina federal court decision on CAFA removal to the tune of a Rolling Stones medley:

 

http://www.cafalawblog.com/-case-summaries-plaintiffs-ask-the-court-to-gimme-shelter-and-avoid-cafa-removal.html

 

Class Action Defense Blog provides a synopsis of a recent decision by the Judicial Panel for Multidistrict Litigation (MDL) addressing the appropriate venue for consolidation of 37 antitrust class actions pending in federal courts in 8 different federal courts where the parties, including different groups of plaintiffs, could not agree on a venue:

 

http://classactiondefense.jmbm.com/2008/07/class_action_defense_casesin_r_105.html

 

Legal Pad summarizes a recent Ninth Circuit Court of Appeals decision addressing the interplay between the removal bar imposed on state securities law claims imposed by section 22(a) of the Securities Act of 1933 and the removal provisions of the Class Action Fairness Act:

 

http://www.lalegalpad.com/2008/07/class-action-pr.html

 

Pension Risk Matters discusses and provides links to a July 17 decision by the U.S. District Court for the Northern District of Illinois certifying a class for the purpose of adjudicating an ERISA claim for breach of fiduciary duty against fiduciaries of a 401(K) plan.  The entry also discusses new Department of Labor standards for disclosures of fees and expenses by fiduciaries of participant-directed individual account plans:

 

http://www.pensionriskmatters.com/2008/07/articles/litigation/class-action-certification-and-401k-fees/

 

California Blog of Appeal comments on the outcome of the “first ever habeas class-action in California”:

 

http://www.calblogofappeal.com/2008/07/23/a-habeas-class-action/

 

Drug and Device Law Blog highlights the case of a class action defendant down on its luck in a nationwide products liability class action in Oklahoma:

 

http://druganddevicelaw.blogspot.com/2008/07/do-bad-things-come-in-threes-masquat-v.html

 

Classified highlights a recent Eleventh Circuit Court of Appeals decision criticizing various aspects of a district court’s attorneys fee award in a successful class action brought under 28 U.S.C. 1983 on behalf of foster children in Georgia:

 

If you think Canadian class certification standards are lax (see below), check out this entry from Mass Tort Litigation Blog noting a recent Ninth Circuit Court of Appeals decision overturning a sua sponte class certification by the district court (the Ninth Circuit ordered a reassignment to a new judge on remand):

 

http://lawprofessors.typepad.com/mass_tort_litigation/2008/07/ninth-circuit-o.html

 

Class Action Commentary

 

In his blog, Michael’s Insight, Insight Communications CEO Michael Wilner provides  a public response to comments made by a reader, Robb Topolski (see his blog here), who serves as plaintiff in putative class action litigation against a competitor regarding ISP network management practices:

 

http://www.michaelsinsight.com/2008/07/line-up-lawyers.html

 

Michael Alan Miller provides a brief commentary on which side is the lesser of evils in the rash of class action lawsuits he predicts will follow recent reports about a link between cell phones and brain cancer risk:

 

http://www.michaelalanmiller.com/?p=390

 

Class Action News

 

HeadwatersNews reports on a class certification motion filed by the Nez Perce Tribe and 11 other named plaintiffs seeking certification of a class of tribes for the purpose of pursuing claims for a complete and historical accounting by the United States Department of Interior of lands held in trust for the tribes:

 

http://www.headwatersnews.org/stories/view_story.phtml?id=53757

 

… and here is a more detailed commentary on the same case from Indianz.com:

 

http://www.indianz.com/News/2008/009961.asp

 

Wage Law Blog offers news on actions by the California Division of Labor Standards Enforcement in response to the recent California Court of Appeal decision in Brinker Restaurant Corp. v. Superior Court.  (See ClassActionBlog entry here):

 

http://wagelaw.typepad.com/wage_law/2008/07/dlse-memo-instructs-enforcement-of-brinker-holding.html

 

Class Action Trends

 

The D&O Diary provides a summary and links to a NERA Economic Consulting report entitled “2008 Trends: Subprime and Auction Rate Cases Continue to Drive Filings, and Large Settlements Keep Averages High”:

 

http://www.dandodiary.com/2008/07/articles/securities-litigation/nera-releases-midyear-2008-securities-litigation-report/

 

Infectious Greed remarks on statistics from the Stanford Securities Clearinghouse showing a 400% increase in subprime-related class action filings:

 

http://paul.kedrosky.com/archives/2008/07/29/first_thing_we.html

 

Class Action Reform

The Am Law Daily reports on a conference on securities class action reform co-sponsored by the Manhattan Institute for Public Policy and the U.S. Chamber Institute for Litigation Reform (ILR) to discuss an ILR report on securities class action trends and proposed reforms.  (See related ClassActionBlog.com entry here):

 

http://amlawdaily.typepad.com/amlawdaily/2008/07/us-chamber-of-c.html

 

International Class Action Law

 

Point of Law offers a review of an article entitled “Canadian Class Action Law: A Flawed Model for European Class Actions” by John Beisner, Allison Orr Larsen, and Karl Thompson, available at The Federalist Society Website.  The article argues that liberal class certification standards applicable in various Canadian provinces lead to unintended consequences and create a potential for abuse that should give European policymakers pause in looking to Canadian class action standards as a model for their own reforms…

 

http://www.fed-soc.org/publications/pubid.1100/pub_detail.asp

 

Point of Law observes that the loser pays rule may temper the possibility of abuse…

 

http://www.pointoflaw.com/archives/2008/07/canadian-class.php

 

… but Canadian blog The Bizop News points to a recent Ontario Court of Appeal decision in arguing that the threshold for  class certification is only getting lower:

 

http://www.bizop.ca/blog2/lawsuits/pointoflawcom-pointoflaw-forum.html

 

Pom Talk addresses issues relating to whether non-U.S. investors may serve as lead plaintiffs or participate as class members in U.S. securities class actions:

 

http://www.pomtalk.com/pomtalk/2008/07/from-the-page-2.html

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Here are some links to blog entries that might be of interest to class action practitioners from this past week…

Class Action Scandals

Portfolio.com comments on unidentified “conspiring former partners” implicated in the Milberg Weiss kickback scandal.

http://www.portfolio.com/news-markets/top-5/2008/06/24/Former-Milberg-Partners-Identified

Natural Gas Guru comments on the wire fraud trial of two lawyers arising out of a settlement in a Kentucky fen-phen class action…

http://natgagu.blogspot.com/2008/06/way-class-action-really-work-from-fen.html

PPH Legal Blog discusses the testimony of class action “guru” Stanley Chesley in the same trial…

http://pphlawyer.attorneysandlawyers4you.com/2008/06/18/class-action-guru-takes-stand-in-fen-phen-trial/

…and more on the conclusion of the trial from Letter of Apology

http://letterofapology.com/2008/06/24/kentucky-fen-phen-case-goes-to-jury-today/

and PointofLaw:

http://www.pointoflaw.com/archives/2008/06/fenphen-wrapping-it-up.php

Class Action Procedure

California Labor & Employment Law Blog discusses a recent California case upholding a defendant’s right to move to strike class allegations prior to class certification.

http://www.callaborlaw.com/archives/court-decisions-motion-to-strike-class-allegations-upheld.html

Class Action Defense Blog provides a thorough summary of a recent decision involving conditional certification and later decertification of a collective action under the Fair Labor Standards Act (FLSA) and discussing the interplay between Rule 23 and the collective action procedure applicable to FLSA actions.

http://classactiondefense.jmbm.com/2008/06/flsa_class_action_defense_case_14.html

Thanks to The D&O Diary for providing a link to a commentary by Law Prof on the Looseon a novel procedural device for bringing representative actions called “aggregator” standing.  (for more on the various types of representative actions, see Partial Glossary of Representative Actions and Terms).

http://www.dandodiary.com/2008/06/articles/foreign-corrupt-practices-act/anticorruption-enforcement-stalemate-and-other-web-notes/

http://jsiegel.blogspot.com/2008/06/standing-in-quicksand.html

Class Action Reform

American Courthouse summarizes a paper by California State Senator Tom Harman regarding a class action reform bill he has proposed.  (See my previous entry about Senator Harman’s bill here.)

http://americancourthouse.com/2008/06/20/cleaning-up-class-action-abuse.html

Corpreform challenges Judge Richard Posner’s observation that “[t]he realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30.”

http://www.corpreform.com/2008/06/am-i-a-lunatic.html

Tort Deform comments on a recent New York Times Article addressing recent tort reform issues, including a comparison of the lobbying efforts of pro-business groups versus trial lawyer groups, proposed legislation, public relations efforts, and other aspects of the battle for and against tort reform…

http://www.tortdeform.com/archives/2008/06/my_take_on_the_tort_wars.html

…and more on the same article from Mass Tort Litigation Blog

http://lawprofessors.typepad.com/mass_tort_litigation/2008/06/viewing-the-bat.html

International Class Action Law

Phil Law Weblog reports on a class action filed by British citizens against to reclaim alleged property tax overcharges from the Spanish Government.

http://law.taragana.net/archive/brits-file-class-action-lawsuit-against-spanish-govt/

Class Certification Decisions

Classified discusses an Alabama federal court’s recent decision to certify a class of pharmacies in a breach of contract case, despite objections by the defendant that the class representatives were inadequate due to their lack of knowledge about the case.

http://www.carltonfields.com/classactionblog/blog.aspx?entry=224

Miscellaneous Class Action News and Commentary

Good Honest Dollar $$ provides a nonlawyer’s perspective on the positives and negatives of shareholder class actions.

http://www.goodhonestdollar.com/shareholder-class-actions-good-for-lawyers-or-shareholders

Overlawyered comments on objections to a class action settlement in which plaintiffs’ counsel allegedly “fished for a lead plaintiff” after reaching a settlement agreement with the defendant.

The Lighter Side of Class Actions

Avatar Briefs proposes a class action by “all the refined citizens of the world” against “all low and high rise g-string wearers” while commenting on a recent lawsuit filed by a woman who was allegedly injured while trying on a g-string.

http://avatarbriefs.blogspot.com/2008/06/class-action-against-g-string-wearers.html

And finally, The Complex Litigator offers commentary on the class action potential of wage and hour claims brought by several exotic dancers against nightclubs, admitting that “I just wanted the chance to discuss news about dancers suing for better wages, and now I have.”

http://www.thecomplexlitigator.com/2008/06/future-class-ac.html

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It’s that time of the week already.  Here are some blog postings from the past week that might be of interest to class action practitioners. 

The fallout from several plaintiffs’ class action corruption scandals took center stage in the class action blogosphere this week.

Mass Tort Litigation Blog discusses the sentencing of plaintiffs’ class action lawyer Melvyn Weiss…

http://lawprofessors.typepad.com/mass_tort_litigation/2008/06/mel-weiss-recei.html

… and discusses a possible settlement involving his firm:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/06/milberg-llp-nea.html

See the many other blog entries discussing Mr. Weiss’ sentencing here:

http://www.sphere.com/search?q=sphereit:http://legalblogwatch.typepad.com/legal_blog_watch/2008/06/if-kickbacks-ar.html

Class Reactions quotes a less-than-remourseful class action attorney William Lerach discussing his views on the social benefits of his acts of “fee-sharing” and his belief of the injustice of his imprisonment for those acts …

http://classreactions.com/?p=28

… and see Mr. Lerach’s essay entitled “I am Guilty (My Side of the Story)” at Conde Nast Portfolio.com:

http://www.portfolio.com/executives/features/2008/06/02/Bill-Lerach-Essay

Overlawyered discusses developments in the Kentucky fen-phen settlement fraud scandal:

http://overlawyered.com/2008/06/another-victim-in-the-kentucky-fen-phen-settlement-fraud/

The Complex Litigator provides a critical review whether a recent California Court of Appeal decision addressing the California Song-Beverly Credit Card Act truly “limits” the scope of the Act’s protections of credit card holders:

http://www.thecomplexlitigator.com/2008/05/tjx-companies-i.html (responding to this entry in the Privacy Law Blog; also see a recent entry on the same case from Class Action Defense Blog here)

Class Action Defense Blog and Wage and Hour Blog both have summaries of a recent decision by the California Court of Appeal addressing alleged conflicts of interest by plaintiffs’ counsel and the named plaintiffs where the attorneys represented both individual class representatives and a labor organization interested in promoting union organizing efforts by class members:

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

http://wagelaw.typepad.com/wage_law/2008/06/union-attorneys-can-represent-non-union-employees-in-wage-hour-class-actions.html

D&O Diary discusses potential insurance implications arising from cooperation given by former executive to plaintiffs’ counsel in a class action filed against the executive’s company (where the executive had previously pled guilty to criminal charges arising out of the same scandal):

http://www.dandodiary.com/2008/05/articles/d-o-insurance/former-refco-ceo-aids-class-action-plaintiffsan-insurance-issue/

The UCL Practitioner has an interesting analysis of a press release issued by the San Francisco City Attorney regarding a public prosecutor’s UCL action being brought on behalf of the San Francisco Health Plan and other political subdivisions and California citizens.  The plaintiffs are reportedly being jointly represented by the City Attorney’s office and a private class action firm.

http://www.uclpractitioner.com/2008/05/san-francisco-c.html

Point of Law provides a link to a position paper by California Senator Tom Harman entitled “Incentivizing Appropriate Restitution in Class Action Cases.  (For a previous discussion on ClassActionBlawg.com regarding legislation proposed by Senator Harman, click here).

http://www.pointoflaw.com/archives/2008/06/state-senator-calls-for-tying.php

Classified provides a summary of a recent decision by the U.S. Court for the Middle District of Georgia dismissing a class action regarding “guaranteed auto protection insurance policies” due to the plaintiffs’ failure to provide notice of cancellation required under the policy:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=215

Healthcare HR Solutions Blog comments on an increase in wage and hour class action litigation and provides tips on how employers can avoid potential Fair Labor Standards Act (FLSA) liability:

http://healthcarehrsolutions.com/blog/2008/05/29/increase-in-wage-and-hour-class-action-litigation/

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