Here are some blog posts from the week that was that might be of interest to class action practitioners:
Class Action-Related Post of the Week
Debbie Schlussel does not think too much of a class action settlement offering “victims” free makeup and perfume that the named plaintiffs’ claimed cosmetics companies cheated them out of in an alleged price-fixing scheme. She offers this entertaining rant about the case, the settlement, and the legal system in general:
http://www.debbieschlussel.com/archives/2009/01/forget_the_o-na.html
Welcome to the Class Action Blogosphere
Class action defense lawyer and Skadden Arps partner J Russell Jackson is making waves in the class action blogosphere with a new blog aptly called Jackson on Consumer Class Actions & Mass Torts. Here’s a recent entry summarizing a Massachusetts federal court’s decision not to give collateral estoppel effect to a state court’s class certification order:
Class Action Decisions
The UCL Practitioner summarizes a Ninth Circuit Court of Appeals refusing to enforce a forum selection clause that would have required that California consumer protection claims be litigated in Virginia, a state without a class action procedure:
Class Action Defense Blog reviews a Missouri appellate court decision upholding a trial court’s order striking down the waiver portion of a class arbitration waiver and compelling arbitration.
http://classactiondefense.jmbm.com/2009/01/_class_action_defense_caseswoo.html
CAFA Law Blog cites a New Jersey federal court’s decision in offering practical advice on when it might be appropriate to ask a court to render a decision on whether federal jurisdiction was appropriate under the Class Action Fairness Act (CAFA):
Spam Notes analyzes a Louisiana federal court’s decision dismissing a variety of different state and federal claims in a privacy class action involving allegations of a breach of private information when tax returns were left in a dumpster:
Wage Law summarizes a California Court of Appeal decision reversing a denial of class certification on ascertainability of class membership grounds:
http://www.californiawagelaw.com/wage_law/2009/01/medrazo-cert-denial-reversed.html
Class Action Trends
Drug and Device Law Blog offers an abstract of and link to an article co-authored by one of its contributors, Mark Hermann, entitled: “Making Class Actions Work: The Untapped Potential of the Internet,” 69 U. Pitt. L. Rev. 727 (2008).
http://druganddevicelaw.blogspot.com/2009/01/using-internet-to-improve-class-actions.html
Classified offers periodic posts with class action-related news and trends, including a link to an article from CCH Wall Street reporting on a rise in Securities class actions.
http://www.carltonfields.com/classactionblog/blog.aspx?entry=249
http://www1.cchwallstreet.com/ws-portal/content/news/container.jsp?fn=01-13-09
See this January 23 Point of Law entry for an abstract an article by James Cox, Randall Thomas and Lynn Bai entitled “Do Differences in Pleading Standards Cause Forum Shopping in Securities Class Actions?”
http://www.pointoflaw.com/archives/2009/01/do-differences.php
Class Action News
The D&O Diary reports on recent events related to several high profile subprime-related class actions and securities scandals:
The Complex Litigator provides an update on proceedings before the California Supreme Court in the wage and hour class action Brinker Restaurant v. Superior Court:
Gabe’s Guide to the e-Discovery Universe has breaking news an a highly publicized scandal involving the CEO of an Indian security company that has become the target of several class actions:
Class Action Cinema?
Securities Docketshowcases a new video produced by the Professional Liability Underwriting Society entitled “The Rise and Fall of Bill Lerach.”
http://www.securitiesdocket.com/2009/01/21/video-the-rise-and-fall-of-bill-lerach/
Class Action Blogosphere Weekly Review
Posted in Class Action News, Class Action Trends, Other class action blogs, tagged attorneys fees, blawg review, blog review, CAFA, CAFA removal, class action articles, class action blog, class action commentary, Class Action News, class action scandals, Class Action Settlements, Class Action Trends, parens patriae on September 16, 2008| 2 Comments »
Here are some blog entries from the week that was that might be of interest to class action practitioners:
Class Action Decisions
For a “brief” commentary on a case addressing the removability under the Class Action Fairness Act (CAFA) of a class action counterclaim by a plaintiff/counterclaim defendant, see this guest commentary from Dallas attorney Jonathan Bridges on CAFA Law Blog:
http://www.cafalawblog.com/-case-summaries-guest-commentary-fourth-circuit-to-decide-whether-to-let-att-pull-up-its-shorts-class-action-to-federal-court.html
Class Action Defense Blog summarizes a Fifth Circuit Court of Appeals decision holding that a state’s parens patriae action brought on behalf of its citizens was removable under CAFA:
http://classactiondefense.jmbm.com/2008/09/cafa_class_action_defense_case_19.html
Mass Tort Defense summarizes a Kentucky federal court decision denying class certification in a toxic tort lawsuit in part based on plaintiffs’ ability to articulate an appropriate class definition:
http://www.masstortdefense.com/2008/09/articles/federal-court-rejects-toxic-tort-class-action/
Consumer Law & Policy Blog summarizes a September 8, 2008 decision of the Eighth Circuit Court of Appeals applying Missouri law in upholding a class arbitration ban in a consumer class action involving prepaid gift cards:
http://pubcit.typepad.com/clpblog/2008/09/eighth-circuit.html
Class Action Commentary
Training Marketer discusses potential impacts from a class action settlement involving claims under the Americans with Disabilities Act (ADA) seeking access to a retail store’s website for persons with disabilities…
http://trainingtime.wordpress.com/2008/09/15/target-settles-class-action-ada-lawsuit-is-your-site-compliant/
… more on providing online access to visually impaired users from That Credit Union Blog…
http://thatcreditunionblog.wordpress.com/2008/09/16/providing-online-accommodations-for-the-visually-impaired/
… and The Industry Standard:
http://www.thestandard.com/news/2008/09/15/target-pact-wont-lead-web-access-standards
The Defense Base Act Blog discusses possible impacts that the Defense Base Act could have on pending class action litigation involving claims that a company’s acts of not training its employees properly for work in Iraq has led to injuries to other employees:
http://defensebaseactblog.com/2008/09/12/will-the-defense-base-act-foil-the-recent-class-action-law-suit-against-kbr/
Class Action Scandals
Health Care Renewal comments on the University of Minnesota’s recruitment of a health insurance company executive who resigned in the wake of a stock option backdating scandal:
http://hcrenewal.blogspot.com/2008/09/university-of-minnesota-courts-mcguire.html
Class Action Reform
Watchdog Blog endorses proposed legislation that would prohibit class arbitration waivers in credit card agreements:
http://citizen.typepad.com/watchdog_blog/2008/09/arbitration-wil.html
Class Action Settlements
Overlawyered updates earlier commentary on a $688 million attorneys fee awarded in an Enron class action settlement:
http://overlawyered.com/2008/09/coughlin-stoia-amlaw-daily-and-prof-john-coffee-contd/
The Consumerist reports on frustrations in trying to participate in a class action settlement after receiving notice:
http://consumerist.com/5048989/join-the-verizon-etf-class-action-if-they-would-only-let-you
Class Action (and Related) Scholarship
California Punitive Damages provides a synopsis and brief commentary on a recent scholarly work entitled “Punitive Damages and Class Actions” written by Professors Fransesco Parisi (Minnesota) and Marta Cenini (Milan)…
http://calpunitives.blogspot.com/2008/09/law-review-article-punitive-damages-and.html
… and more on the same article from Mass Tort Litigation Blog:
http://lawprofessors.typepad.com/mass_tort_litigation/2008/09/parisi-and-ceni.html
Point of Law reviews a paper entitled “The Use of Litigation Screenings in Mass Torts: A Formula for Fraud?” authored by Cardozo Law Professor Lester Brickman:
http://www.pointoflaw.com/archives/2008/09/brickman-of-1-m.php#more
Wage Law recommends the paper “Class Certification in the Age of Aggregate Proof” by Vanderbilt Professor Richard A. Nagreda:
http://wagelaw.typepad.com/wage_law/2008/09/class-certification-in-the-age-of-aggregate-proof.html
Class Action News
Fitz & Jen, Luke Ford.net, paidContent.org, and Portfolio.com discuss an ERISA class action filed by editors, writers, and other employees of a major newspaper recently acquired through the alleged misuse of an Employee Stock Ownership Plan (ESOP):
http://www.fitzandjen.com/2008/09/jen-if-you-thin.html
http://lukeford.net/blog/?p=5006
http://www.paidcontent.org/entry/419-jack-nelson-among-current-ex-tribune-co-staffers-trying-class-action-su/
http://www.portfolio.com/views/blogs/mixed-media/2008/09/16/la-times-refugees-sue-for-control-of-paper
Class Action Trends
The D&O Diary discusses the latest in options backdating settlements:
http://www.dandodiary.com/2008/09/articles/options-backdating/options-backdating-settlement-news-apple-and-unitedhealth/
Real Lawyers Have Blogs discusses a well-known plaintiffs’ class action firm’s use of social networking website Twitter to find prospective class representatives:
http://kevin.lexblog.com/2008/09/articles/social-networking-1/law-firm-using-twitter-to-find-plainitiffs-for-class-action-law-suit/
Rhondak discusses the use of small claims court as a “poor man’s class action” to vindicate consumer’s rights:
http://rhondak.livejournal.com/1036526.html
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