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Posts Tagged ‘class action blawg review’

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

Class Action-Related Post of the Week

Rebecca Tushnet’s 43(B)log provides a nice overview of a Massachusetts federal court’s decision to certify two multi-state subclasses of consumers in a case against pharmaceutical companies for allegedly inflating the Average Wholesale Prices (AWPs), used in establishing reimbursement schedules under Medicare and insurance plans, in order to increase their market share.  The case is intriguing from a procedural perspective because in analyzing the elements of class certification for the purpose of certifying a multi-state consumer class, the court relied on the results of a bellwether trial held to address the claims of two classes of Massachussets consumers, which resulted in a verdict on the merits for the plaintiffs.  Based on the merits determination made in that trial, the court concluded that a multi-state class action could be certified despite differences in different state laws relating to consumer protection, fraud, damages, and statutes of limitation:

http://tushnet.blogspot.com/2008/10/grouping-prevails-in-multistate.html 

Class Action Decisions

The UCL Practitioner reports on a California Court of Appeal decision holding that a court’s gag order prohibiting a newspaper from reporting on a class action filed against it by employees was an unlawful prior restraint:

http://www.uclpractitioner.com/2008/10/class-action-ag.html

Health Plan Law comments on a decision by the U.S. District Court for the Northern District of California holding that a plaintiffs’ complaint in a putative class action seeking health benefits for a putative class of policyholders state an ERISA claim under the pleading standards set forth in Bell Atlantic Corp. v. Twombley, where the complaint did not expressly allege that the defendant was the plan administrator:

http://healthplanlaw.com/?p=765

Class Action Defense Blog provides a synopsis of a West Virginia federal court’s decision denying a motion for class certification in a putative medical monitoring class action due to a finding that individual issues would predominate:

http://classactiondefense.jmbm.com/2008/10/class_action_defense_casesrhod.html

FDA Law Blog summarizes a Ninth Circuit Court of Appeals ruling reversing the dismissal of a class action brought on behalf of a putative class of federally funded medical clinics to enforce, as third party beneficiaries, alleged contractual restrictions on drug prices in agreements between the federal government and drug manufacturers:

http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2008/10/ninth-circuit-d.html

The Southeast Texas Record reports on an order granting summary judgment in favor of various defendants in a toxic tort class action brought against oil companies alleging that emissions from oil refineries had polluted the surrounding neighborhoods, causing property damage and personal injuries:

http://www.setexasrecord.com/news/contentview.asp?c=215213

Securities Docket provides a synopsis of an Eleventh Circuit Court of Appeals decision upholding a lower court’s dismissal of a securities class action on the grounds that the plaintiff had failed to adequately plead wrongful intent:

http://www.securitiesdocket.com/2008/10/08/eleventh-circuit-affirms-dismisal-of-securities-class-action-against-home-depot-and-executives/

Class Action Trends

Mark Aufflick discusses a novel new method that has been proposed for delivering notice of a class action:

http://mark.aufflick.com/blog/2008/10/09/using-windows-update-to-find-class-action-plaintiffs

Art Market Monitor comments on a case filed by a dissatisfied art collector against an art dealer and museum for selling limited edition prints without a number:

http://www.artmarketmonitor.com/2008/10/06/class-action-reaction/

Class Action Resources

Many thanks to Werner R. Kranenburg of the European securities litigation blog With Vigour and Zeal for including ClassActionBlawg in a listing of helpful online class action-related resources:

http://kranenburgesq.com/blog/2008/10/more-class-action-resources/

Federal Civil Practice Bulletin summarizes the articles included in a recent University of Pennsylvania Law Review Symposium issue on developments relating to the Class Action Fairness Act (CAFA):

http://federalcivilpracticebulletin.blogspot.com/2008/10/u-penn-law-review-publishes-articles.html

Legal Research Plus discusses a new resource from BloombergLaw Reports for keeping up with trends in class action law:

http://legalresearchplus.com/2008/10/03/new-resources-for-keeping-up-with-class-action-litigation-and-global-class-action-developments/

Class Action Commentary

Tort Deform cites a New York Times article in which three law professors assert that corporations are less likely to use mandatory arbitration clauses in non-consumer agreements as in consumer agreements and argues that this trend is indicative of the unfairness of using mandatory arbitration clauses in consumer agreements…

http://www.tortdeform.com/archives/2008/10/if_arbitration_is_so_wonderful.html

… and Canadian law blog eLegal hails a recent Washington Supreme Court decision invalidating a class arbitration waiver in a consumer contract as a “big win for consumers”:

http://canton.elegal.ca/2008/10/06/us-court-decision-big-win-for-consumers/

Home Equity Theft Reporter offers commentary on a recent Seventh Circuit Court of Appeals decision holding that homeowners could not pursue a claim for rescission of a subprimehome loan under the Truth in Lending Act (TILA) on a class basis:

http://homeequitytheft.blogspot.com/2008/10/more-on-federal-court-ruling.html

f/k/a comments on the dismissal of an anti-feminist’s class action seeking a ruling that private clubs’ ladies’ night discounts are unconstitutional and offers a more extensive analysis of ladies’ night cases (of which there are surprisingly many):

http://blogs.law.harvard.edu/ethicalesq/2008/10/04/lady-judge-says-ladies-nights-are-not-unconstitutional/

Class Action News

Wage Law provides an update on an appeal to the California Supreme Court of the much-publicized wage and hour class action decision involving alleged unpaid wages for work during meal and rest breaks, Brinker Restaurant Corp. v. Superior Court (2008) 165 Cal. App. 4th 25:

http://wagelaw.typepad.com/wage_law/2008/10/brinker-petition-for-review-status.html

Class Action-Related Scholarship

Mass Tort Litigation Blog contributor Elizabeth ChambleeBurch provides an abstract to her article discussing problems with nonclass aggregation of mass tort claims.

http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/procedural-just.html

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Here are some blog postings from the week that was that might be of interest to class action practitioners.  The topic headings may or may not be a permanent addition to this weekly column.  They made sense this week given logical groupings in the topics being discussed around the blogosphere.  Let me know what you think.

Class Action Decisions

The Complex Litigator discusses the latest California appellate decision addressing the test for employment and provides a more general analysis of trends in wage and hour class action litigation surrounding alleged misclassification of employees as independent contractors.

http://www.thecomplexlitigator.com/2008/06/the-borello-rig.html

Class Action Defense Blog summarizes a recent Tenth Circuit Court of Appeals decision affirming the dismissal of a class action lawsuit, holding in part that the alleged violation of a licensing statute is insufficient to support a claim for unjust enrichment.

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

Drug and Device Law Blog reviews the latest in medical monitoring class action decisions:

http://druganddevicelaw.blogspot.com/2008/06/first-thoughts-on-sinclair-v-merck.html

Class Action Trends

The UCL Practitioner provides a link to a powerpoint presentation from a recent CLE course discussing the California Unfair Competition Law (UCL or Section 17200) after Proposition 64.

http://www.uclpractitioner.com/2008/06/california-unfa.html

The D&O Diary provides a summary of rulings on motions to dismiss subprime and credit-crisis-related lawsuits

http://www.dandodiary.com/2008/06/articles/subprime-litigation/the-list-subprime-lawsuit-dismissals-and-denials/

If you’re interested in tracking the latest trends in the useof technology in class action settlements, see this Class Reactions posting discusses a recent class action settlement permitting the online submission of claims:

http://classreactions.com/?p=34

Class Action News

Classified summarizes the latest class action news:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=216

Mass Tort Litigation Blog reviews an interesting article of general interest to litigators, discussing an emperical study of trends in summary judgment orders:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/06/new-emprical-st.html

Legislation Impacting Class Actions 

Point of Law reviews an editorial in The Examiner praising Senator John Cornyn’s securities class action reform bill (see my earlier discussion of the bill here)…

http://www.pointoflaw.com/archives/2008/06/classaction-transparency.php

… and reports on the demise of a Senate Bill that would have resulted in a tax deduction on expenses advanced by lawyers in contingency fee cases:

http://www.pointoflaw.com/archives/2008/06/tax-break-for-trial-lawyers-bl.php

http://www.pointoflaw.com/archives/2008/06/tax-break-for-trial-lawyers-mo.php

Here’s more critical commentary on the same bill from RejectSociety.com:

http://www.rejectsociety.com/index.php/2008/06/09/republic-in-distress/

Class Action Scandals

Ideoblog provides a thoughtful and thorough response to St. John’s Law Professor Michael Perino’s paper on the Milberg Weiss kickback scandal…

http://busmovie.typepad.com/ideoblog/2008/06/another-perspec.html

…while Law and More critiques William Lerach’s somewhat-less-than-confessional essay “I am Guilty”

http://lawandmore.typepad.com/law_and_more/2008/06/bill-lerach—a-con-in-full.html

For a report on developments in the phen-fen corruption trial in Kentucky, see this Folo posting:

http://www.folo.us/2008/06/10/their-lips-were-legally-sealed-says-phen-fen-witness/

Internet and Tech Issues

Slashdot reports on a class action lawsuit filed in Quebec against a telecom company on behalf of DSL subcribers and other recent legislative developments in Canada implicating Net neutrality…

http://news.slashdot.org/article.pl?sid=08/05/31/0148221&from=rss

…more on the same case from Michael Geist:

http://www.michaelgeist.ca/content/view/2979/125/

…while TechCrunch comments on a class action lawsuit accusing an Internet business and services directory of online advertising “click fraud”:

http://www.techcrunch.com/2008/05/27/citysearch-sued-for-click-fraud/

Arbitration Clauses and Class Action Waivers

Tort Deform provides a lengthy criticism of mandatory arbitration clauses in consumer agreements…

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

… and Wage Law discusses the results of a recent opinion poll of American consumers regarding binding arbitration and attitudes toward potential legislation banning binding arbitration clauses in consumer agreements:

http://wagelaw.typepad.com/wage_law/2008/06/poll-says-americans-do-not-want-binding-arbitration.html

Potpourri

Overlawyered contributor Ted Frank chronicles his experiences as a pro se objector to a class action settlement involving video game purchasers.

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

Finally, Bits and Pieces columnist Emory Schley laments the frustration and disappointment of participating in class action settlements:

http://www.ocala.com/article/20080610/COLUMNISTS/806100303/-1/NEWS

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