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Posts Tagged ‘class action analysis’

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 and The UCL Practitioner offer analysis of a recent California class certification decision addressing a variety of issues, including ascertainability of the class, evaluation of the merits in ruling on class certification, commonality and predominance:

http://www.thecomplexlitigator.com/2008/08/certification-d.html

http://www.uclpractitioner.com/2008/08/new-class-cer-1.html

Class Action Defense Blog provides a synopsis of a Second Circuit Court of Appeals decision upholding the district court’s order reducing a negotiated fee award from 8.5% to 3% in a securities class action settlement:

http://classactiondefense.jmbm.com/2008/08/class_action_defense_casesin_r_115.html

CAFA Law Blog summarizes a Massachusetts state court decision that looked to provisions of the federal Class Action Fairness Act (CAFA) in rejecting a coupon settlement, recognizing that while CAFA did not apply expressly in the state court proceeding, its provisions reflected “mainstream” concerns with coupon settlements:

http://www.cafalawblog.com/-case-summaries-judge-says-chew-on-this-in-disapproving-settlement-in-smokeless-tobacco-class-action.html

Mass Tort Defense reviews a recent decision by the United States District Court for the Eastern District of Missouri denying certification of a class of rice farmers claiming damages resulting from genetically modified rice contamination (synopsis also provided by Class Action Defense Blog, cited in last week’s CABWR):

http://www.masstortdefense.com/2008/08/articles/mdl-court-rejects-class-action-in-genetically-modified-rice-litigation/

Consumer Advertising Law Blog discusses a Fifth Circuit decision reversing class certification in a case involving allegations of unsolicited faxes in violation of the Telephone Consumer Protection Act (TCPA):

http://www.consumeradvertisinglawblog.com/2008/08/the-fax-of-the-matter-court-holds-that-consumer-protection-case-not-proper-for-class-certification.html

Florida Appellate Blog discusses a recent Florida state court decision addressing the practice of “picking off” a class representative by offering to settle for the full amount of his or her claim in an effort to moot the class action:

http://www.floridaappellateblog.com/2008/08/ucc-notice-requirements-and-picking-off-a-class-representative-is-not-condoned.html

Dispatch Monthly Magazine reports on a federal court’s decision to grant class certification to a class of police dispatchers in a case challenging department regulations for returning to work after sick or injury leave:

http://www.911dispatch.com/db/index.php?option=com_content&task=view&id=1996

HousingBath.com discusses the denial of class certification in a lawsuit filed against a condominium developer by purchasers seeking to void their contracts due to alleged defects in the building:

http://housingbath.com/2008/08/daily-soak-august-25.html

TortsProf Blog comments on an article from the Legal Intelligencer (reprinted at www.Law.com) discussing a ruling by the Third Circuit Court of Appeals reversing the dismissal, on preemption grounds, of a consumer class action against a manufacturer for alleged failure to warn about the dangers of mercury in tuna:

http://lawprofessors.typepad.com/tortsprof/2008/08/mercury-in-tuna.html

Class Action News

More from American Thinker, Death by 1000 Paper Cuts, National Review Online’s The Corner, Libertyville, Under the Dome, Spencer Blog, and LukeFord.net on Warren Buffett’s recent suggestion that contributors file a class action against John Edwards for concealing his extramarital affair (See ClassActionBlawg.com entry here)…

http://www.americanthinker.com/blog/2008/08/buffett_suggests_edwards_suppo.html

http://deathby1000papercuts.blogspot.com/2008/08/john-edwards-campaign-refunds-more.html

http://libertyville.wordpress.com/2008/08/25/buffet-calls-for-class-action-on-edwards/

http://corner.nationalreview.com/post/?q=YTIyMDI3ZGUzZmNkZGI0ZWE2ZWUzOGNlMDc4ZmMzNzg=

http://projects.newsobserver.com/under_the_dome/buffett_says_donors_should_sue_edwards

http://www3.allaroundphilly.com/blogs/delcotimes/gils/2008/08/buffett-on-edwards-sue-em.html

http://lukeford.net/blog/?p=3966

… with follow up from NewsBusters.org and Perfunction regarding efforts by Edwards to refund contributions to just one of his “Two Americas” (Spoiler: it’s the one with the class action lawyers in it, not the one with Buffett’s proposed class action plaintiffs):

http://www.newsbusters.org/blogs/p-j-gladnick/2008/08/25/web-scoops-msm-edwards-refunds-contributions-one-his-americas

http://perfunction.typepad.com/perfunction/2008/08/coda-john-edwar.html

Class Action Commentary

Legal Theory Blog summarizes an article by Vanderbilt Law Professor Richard A. Nagareda with the fairly self-explanatory title, “Class Certification in the Age of Aggregate Proof”:

http://lsolum.typepad.com/legaltheory/2008/08/nagareda-on-cla.html

Mass Tort Litigation Blog provides an abstract and link to an article by Michigan law student Patrick Luff criticizing the weighing of the costs and benefits that could result from certifying a class in making a class certification decision:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/08/new-scholarship.html

Overlawyered comments on a curious case of forum shopping where plaintiffs’ counsel was successful in pursuing a nationwide class action filed in Oklahoma seeking to apply Texas law after a Texas court had previously rejected the same claims, holding that Texas law did not permit the type of nationwide class that the plaintiffs sought to pursue:

http://overlawyered.com/2008/08/the-inverted-federalism-of-grider-v-compaq/

Nonlawyer Commentary

See this www.eHow.com article for a non-lawyer’s perspective on the practical aspects of starting a personal injury class action lawsuit:

http://www.ehow.com/how_4491550_personal-injury-class-action-lawsuit.html

And if you are looking for one consumer’s viewpoints on participating in a class action settlement, see this entry from Queercents:

http://www.queercents.com/2008/08/22/are-class-action-lawsuits-worth-your-time-and-money/

Legal Ethics

Wage Law has posted a request from the California State Bar for public comment on a proposed ethics rule regarding “Offers of Settlement Conditioned on Client’s Waiver of Statutory Right to Seek Attorney’s Fees”:

http://wagelaw.typepad.com/wage_law/2008/08/public-comment-sought-on-proposed-ethics-rule.html

Class Action Trends

Apparently www.SueEasy.com is still alive and going strong, according to these entries from WebWare and MakeUseOf.com:

http://news.cnet.com/8301-17939_109-10020627-2.html?part=rss&subj=Webware

http://www.makeuseof.com/dir/sueeasy-file-complaint-class-action-lawsuit/

Class Action News

Sagwatch Blog reports on the setting of a trial date in a class action filed by former NFL players against the NFL Players Association seeking payments under a group licensing agreement:

http://blog.sagwatch.net/2008/08/25/sept-22-trial-date-set-in-players-inc-lawsuit/

International Class Action Law

Point of Law comments on a unique feature of British law that allows investors to purchase an ownership interest in litigation and examines the challenges of allowing a similar mechanism in the United States:

http://www.pointoflaw.com/archives/2008/08/beyond-continge.php

The D&O Diary comments on what NERA has called “the largest settlement in a class action securities case in Canadian history,” the relationship between the Canadian case and the U.S. subprime crisis, and its potential impact on trends in subprime litigation in the U.S.:

http://www.dandodiary.com/2008/08/articles/subprime-litigation/subprime-litigation-a-glimpse-of-the-end-game/

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

 

Class Action Decisions

 

Summaries and commentary of class action case decisions highlighted this past week’s class action blog postings:

 

The Complex Litigator provides an analysis of a recent California Court of Appeal decision upholding a defendants’ motion to strike class allegations in a would-be class action prior to the plaintiffs filing a motion for class certification, including clarification of the procedural basis for the defendant’s request to “strike” the class allegations:

 

http://www.thecomplexlitigator.com/2008/06/court-of-appeal.html

 

Drug and Device Law Blog offers a “short rant” critical of a recent Arkansas Supreme Court decision holding that a “rigorous analysis inquiry” of class certification requirements is not required under Arkansas procedure:

 

http://druganddevicelaw.blogspot.com/2008/07/arkansan-atrocity-general-motors-v.html

 

CAFA Law Blog is back with a CAFA removal case summary that hearkens us back to childhood and those “Choose Your Own Adventure” books (which I used to love even though I always seemed to end up with the bad ending).

 

http://www.cafalawblog.com/-case-summaries-defendant-tries-to-choose-its-own-adventure-and-remove-under-cafa-but-is-sent-back-down-to-state-court-anyway.html

 

Consumer Law & Policy Blog comments on a New Mexico Supreme Court decision prohibiting class action waivers in consumer agreements…

 

http://pubcit.typepad.com/clpblog/2008/06/new-mexico-supr.html

 

…more from Alabama Consumer Law Blog on the same decision...

 

http://www.alabamaconsumerlawblog.com/2008/06/another_court_strikes_down_cla.html

 

… and LegalNewsline.com provides commentary from the New Mexico Attorney General on the impact of the decision:

 

http://www.legalnewsline.com/news/213917-ag–says-court-decision-opens-the-door-for-class-action-against-dell

  

North Carolina Appellate Blog summarizes a recent Fourth Circuit Court of Appeals decision clarifying the burden of proving federal jurisdiction and other standards for removal under CAFA.

 

http://womblencappellate.blogspot.com/2008/06/fourth-circuit-clarifies-cafa-removal.html

 

Daily Kos summarizes the court’s ruling following a bench trial in a lawsuit filed by veterans’ groups against the Veteran’s Administration seeking reforms in health care and claims procedures for veterans (see my earlier commentary on characterizations of this case as a “class action” here and here):

 

http://www.dailykos.com/storyonly/2008/6/26/132220/509

 

Wisblawg comments on the class certification decision in a lawsuit challenging the constitutionality of Wisconson’s “diploma privilege” which allows in-state graduates to be admitted to the bar without taking the bar exam (see previous entries discussing this decision here and here):

 

http://www.law.wisc.edu/blogs/wisblawg/2008/06/wisconsin_diploma_privilege_su.html

 

Corporate Legal Times discusses a Third Circuit Court of Appeals’ opinion in a class action claiming that a hospital’s practice of charging uninsured patients more than insured patients violated consumer protection laws.

 

http://www.cltmag.com/3rd-circuit-class-action-no-cure-for-uninsured-patients-bill.html

 

Subprime Mortgage Lawsuits

 

Busted: Bankers and the Digital Economy comments on a recent California federal court decision in a class action lawsuit filed under the Truth in Lending Act…

 

http://digitaleconomy.wordpress.com/2008/06/30/good-news-for-cheated-homeowners/

 

…commentary on the same case from LoanWorkout.org.

 

http://loanworkout.org/2008/07/mortgage-ruling-could-shock-us-banking-industry/

 

Class Action Trends

 

This seemed like a good week to highlight some excellent recurring features provided by other class action-related blogs.

 

The D&O Diary provides periodic updates of trends in securities lawsuit filings and related statistics:

 

http://www.dandodiary.com/2008/06/articles/securities-litigation/midyear-2008-securities-lawsuit-filings-remain-up/ 

 

Class Action Defense Blog provides a weekly summary of the trends in class action filings in the California courts:

 

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

 

Classified provides periodic summaries of class action news:

 

http://www.carltonfields.com/classactionblog/blog.aspx?entry=229

 

Class Action Scandals

 

One class action lawyer is sentenced…

 

The blogosphere was quick to react to the 5-year prison sentence of class action lawyer Dickie Scruggs for conspiracy to commit bribery

 

From Marianne M. Jennings:

 

http://www.mariannejennings.com/?p=47

 

From the NY Times Dealbook Blog:

 

http://dealbook.blogs.nytimes.com/2008/06/27/class-action-lawyer-gets-5-years-in-bribery-case/

 

…while another is acquitted…

 

Letter of Apology reports that Melbourne Mills Jr., one of the three defendants in the Kentucky fen-phen wire fraud trial has been acquitted, while the jury continues deliberations over charges brought against two co-defendants:

 

http://letterofapology.com/2008/07/01/mills-acquitted-in-kentucky-fen-phen-case-jury-still-out-on-other-two-defendants/

  

Class Action Settlements

 

Overlawyered contributor Ted Frank recounts his appearance as an objector in the fairness hearing of a settlement involving the Grand Theft Auto video game…

 

http://overlawyered.com/2008/06/grand-theft-auto-class-action-the-argument/

 

…for more commentary from the settlement and a link to a New York Times article discussing the case, see this entry on Gamepolitics.com

 

http://www.gamepolitics.com/2008/06/25/ny-times-probes-legal-fees-hot-coffee-class-action-settlement

 

Class Action Legislation and Reform

 

Law and More provides commentary and an interview with attorney Joseph K. Hetrick comparing the mechanical and philosophical differences between the U.S. legal system and those in European countries, including predictions about European class action reforms.

 

http://lawandmore.typepad.com/law_and_more/2008/06/legal-systems-of-eu-uk-far-east-give-competitive-advantages-asserts-attorney-joseph-k-hetrick-of-dechert.html

 

The American Gathering of Jewish Holocaust Survivors and their Descendants has posted a bill being considered by the U.S. House of Representatives that would provide a federal cause of action for claims for benefits under Holocaust-era insurance policies.  The bill has a provision dealing with opt-out rights of claimants in pending or new class actions seeking benefits under Holocaust-era insurance policies.

 

http://www.americangathering.com/2008/06/29/3315/revised-hr-1746-as-marked-up-by-the-congressional-committee-on-finance-and-banking/ 

 

Class Action Cinema

 

Finally, films about class actions are highlighted in recent film review blog entries.  The Sweet Hereafter gets a 4-Star rating from Daily Film Dose

 

http://www.dailyfilmdose.com/2008/07/sweet-hereafter.html

 

…but North Country gets a mixed review from I Think Therefore I Review: 

 

http://ithinkthereforeireview.blogspot.com/2008/07/north-country.html

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