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Posts Tagged ‘class action blawg’

Due to my blog sabbatical last week, here are two weeks worth of blog postings that might be of interest to class action practitioners:

Class Action Decisions

The folks at CAFA Law Blog decided to post a great new entry on a recent Class Action Fairness Act decision seemingly every few minutes during the past week, so rather than summarize them here, I’ll just direct you to the main page:

http://www.cafalawblog.com/  

The same goes for the numerous summaries of class action decisions available at Class Action Defense Blog:

http://classactiondefense.jmbm.com/  

North Carolina Business Litigation Report reviews a decision by the Business Court of that state establishing rules to be followed in the event of a pre-certification dismissal of a class action:

http://www.ncbusinesslitigationreport.com/2008/08/articles/class-actions/new-business-court-rules-of-the-road-for-precertification-dismissals-of-class-actions/

NJ Personal Injury and Civil Cases summarizes a recent New Jersey state court decision addressing the proper forum for adjudicating whether the filing of an individual action in New Jersey constituted a valid opt out from a nationwide class action settlement in Tennessee:

http://njlawspersonalinjury.blogspot.com/2008/08/simmermon-v-dryvit-systems-inc.html

Kotaku.com summarizes the trial court’s denial of class certification in a proposed class action settlement of claims against a video game company for including offensive scenes in its video game…

http://kotaku.com/5033459/hot-coffee-class-action-suit-squashed-by-the-court  

… more from GamePolitics.com on the same decision…

http://www.gamepolitics.com/2008/07/31/judge-pops-cap-hot-coffee-class-action-settlement  

… and Overlawyered contributor Ted Frank, who had appeared as an objector in the case, provides some commentary on the decision:

http://overlawyered.com/2008/07/grand-theft-auto-class-action-the-denouement/#more-7351  

The UCL Practitioner comments on a recent New Mexico Supreme Court decision invalidating class arbitration waivers in certain consumer contracts and discusses other recent developments regarding the enforcement of class arbitration waivers:

http://www.uclpractitioner.com/2008/08/new-mexico-supr.html  

For reviews of recent California federal district court and Ninth Circuit Court of Appeals’ decisions in wage and hour claims in the wake of the California Court of Appeal’s recent decision in Brinker (see link to summary here), see this entry from The Complex Litigator (citing entries from The UCL Practitioner and Alaska Employment Law)…

http://www.thecomplexlitigator.com/2008/08/the-ninth-circu.html

… and for more news related to the fallout from Brinker, see various other posts from The Complex Litigator:

http://www.thecomplexlitigator.com

Class Action News

The Am Law Daily provides summaries of various news items involving class actions, including a summary of the recent National Law Journal article discussing cy pres awards, a judgment in favor of Indian tribes in class action against the U.S. Government involving lands held in trust, and trends in securities class actions:

http://amlawdaily.typepad.com/amlawdaily/2008/08/the-am-law-li-6.html

Northern Law Blog reports on a settlement in a class action filed on behalf of Division 1 football and men’s basketball players against the NCAA involving claims for underpayment of financial aid:

http://www.northernlawblog.com/2008/08/ncaa-class-action-settlement.html

Wage Law Blog reports on a class action filed against the California Department of Labor on behalf of employers who are the subject administrative action by that agency for lost wages sought by illegal aliens:

http://wagelaw.typepad.com/wage_law/2008/08/sushi-bar-sues-california-labor-commissioner-in-class-action.html

Class Action Commentary

Jere Beasley Report comments on the potential impact of a forthcoming decision by the Seventh Circuit Court of Appeals in a putative class action brought by homeowners for mortgage fraud under the TILA:

http://www.jlbreport.com/2008/08/12/door-could-open-to-mortgage-class-actions/

Personal Injury Law Firm discusses the benefits and disadvantages of pursuing an asbestos case individually or as a class action:

http://www.personalinjurycourt.com/news/?p=112

NCPA Idea House comments on a recent report issued by the U.S. Chamber of Commerce Institute for Legal Reform (ILR) addressing trends in securities class actions and providing proposals for reforms. (See previous ClassActionBlawg.com entry here)

http://www.ncpa.org/sub/dpd/index.php?page=article&Article_ID=16885

… more on the report from Law Librarian Blog

http://lawprofessors.typepad.com/law_librarian_blog/2008/08/securities-clas.html

… and from the U.S. Chamber’s own blog, Chamber Post:

http://www.chamberpost.com/2008/07/another-threat.html

Makeup Blog offers some criticisms of consumer class action settlements:

http://www.makeupblog.cn/real-estate/class-action-lawsuits.html

Mass Tort Litigation Blog provides a link to Scadden’s July 2008 Issue of Class Action Chronicle, which in turn has some great commentary on class action issues including communications with class members, defending class action trials, and trends in consumer class actions:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/07/july-2008-issue.html

Re: the Auditors has criticisms of practices by companies and their auditors in disclosures of legal contingencies posed by pending class actions:

http://www.retheauditors.com/2008/08/improving-contingency-disclosure-just.html

Point of Law reviews a recent Wall Street Journal op-ed arguing that cy pres remedies in class actions are unconstitutional (See ClassActionBlawg.com entry here):

http://www.pointoflaw.com/archives/2008/08/cy-pres-a-const.php

Class Action Trends

Another law blog with too much great content over the past two weeks to summarize here is The D&O Diary, which summarizes trends in securities litigation and analyzes developments in several specific securities class actions:

http://www.dandodiary.com/

Drug and Device Law Blog collects cases that address cross jurisdictional class action tolling in this entry:

http://druganddevicelaw.blogspot.com/2008/08/cross-jurisdictional-class-action.html

Crain’s New York Business reports on a sharp increase in the number of class action securities lawsuits in New York City, spawned by the subprime mortgage crisis…

http://www.crainsnewyork.com/apps/pbcs.dll/article?AID=/20080731/FREE/676212586/-1/rss01&rssfeed=rss01

…while DC Dicta provides an overview of an ABA Journal article discussing statistics on subprime-related securities class action lawsuits from Cornerstone Research and Stanford Law School’s Securities Class Action Clearinghouse:

http://lawyersusadcdicta.wordpress.com/2008/07/30/subprime-fiasco-keeping-class-action-lawyers-busy/

NJ HELOC Heaven predicts that class actions lawsuits will follow from lenders’ decisions to reduce existing customers’ Home Equity Lines of Credit (HELOCs):

http://njhelocheaven.blogspot.com/2008/08/class-lawsuits-are-starting.html

Point of Law discusses the latest in FACTA cases, which it describes as the “‘Gotcha’ statute on credit slip privacy.”

http://www.pointoflaw.com/archives/2008/08/facta-hits-bato.php

International Class Action Law

Hannah Buxbaum provides a guest post on IntLawGrrls summarizing her article, Multinational Class Actions Under Federal Securities Law: Managing Jurisdictional Conflict, Columbia Journal of Transnational Law, Vol. 46, Issue 1, which addresses “foreign-cubed” securities class actions, or class actions brought in U.S. courts by foreign investors against foreign companies and brought on foreign exchanges:

http://intlawgrrls.blogspot.com/2008/07/foreign-cubed-class-action-us-courts.html

The UCL Practitioner provides a link to a website with great content on class action laws around the globe. (Also see this ClassActionBlawg.com entry discussing similar content offered by Stanford Law School):

http://www.uclpractitioner.com/2008/08/other-countries.html

Practice Tips

In its Bulletproof Blog, Levick Communications provides advice to defendants on proactive alternatives to blanket denials in waging the PR battle in high stakes litigation:

http://www.bulletproofblog.com/2008/07/28/conflict-diamonds-and-the-jiu-jitsu-strategy/

Mass Private I reviews a consumer website called www.RipoffReport.com, which it says is used by various law enforcement agencies and law firms to perform background checks on businesses:

http://massprivatei.blogspot.com/2008/07/ripoff-report-is-useful-tool-for-fraud.html

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Class action settlement issues provided fuel for commentary in the class action blogosphere this week, and there was still plenty of analysis and debate about the recent class action lawyer scandals.  Here are links to those and other blog postings that might be of interest to class action practitioners:

Class Action Settlements

Wage Law analyzes a series of recent decisions by the U.S. District Court for the Northern District of California reluctantly approving a settlement in a wage and hour class action, ultimately granting final approval, but reducing the fee award requested by plaintiffs’ counsel.  The opinions offer a warning to both sides in making sure to tend to the details negotiating and implementing a class action settlement:

http://wagelaw.typepad.com/wage_law/2008/06/the-emerging-tr.html

Trial Ad Notes has an interesting discussion of a provision of the Washington State version of Rule 23 that requires that a portion of “residual funds” from class action settlements be paid to the state’s legal aid foundation.

http://trialadnotes.blogspot.com/2008/06/cy-pres-and-class-action-funds-in.html

Unusual Activity profiles a “professional objector” to class action settlements.

http://www.unusualactivity.com/2008/06/profile-of-a-pr.html

The D&O Diary comments on the social utility of a changes made to the terms in a settlement in a options backdating derivative action that reportedly was preliminarily approved last week after an earlier settlement had been rejected:

http://www.dandodiary.com/2008/06/articles/corporate-governance/restatements-clawbacks-and-cfo-career-consequences/

Class Action Scandals

Overlawyered offers a rebuttal to disgraced class action lawyer William Lerach’s recent essay “I am guilty.”

http://overlawyered.com/2008/06/rebutting-bill-lerach-in-portfolio/

See the full rebuttal article on Portfolio.com here…

http://www.portfolio.com/executives/features/2008/06/16/Walter-Olson-Answers-Bill-Lerach 

…and the original essay here:

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

WSJ Law Blog reports on the testimony of class action “guru” Stan Chesney in the trial of two Kentucky lawyers accused of wire fraud in connection with the settlement of a fen-phen diet drug class action.

http://blogs.wsj.com/law/2008/06/17/class-action-guru-stan-chesley-takes-stand-in-fen-phen-trial/

Letter of Apology reports on the settlement reached between class action firm Milberg Weiss and the Department of Justice to resolve various criminal charges arising out of illegal kickback schemes involving several of its former partners.

http://letterofapology.com/2008/06/17/milberg-settles-criminal-case/

Class Action Decisions

The Complex Litigator comments on recent California authority on shifting of the burden of proof in wage and hour class actions.

http://www.thecomplexlitigator.com/2008/06/more-on-amaral.html

Technology Law Update discusses a recent class certification decision by the U.S. District Court for the Western District of Texas in a case filed against several online travel companies involving occupancy taxes.

http://brownraysman.typepad.com/technology_law_update/2008/06/texas-district.html

Virtually Perfect 3.0 discusses recent decisions on both class certification and the merits of a lawsuit filed under the Americans with Disability Act and several California laws against an online retailer for allegedly failing to make its Website accessible to the blind.

http://fritzboyle.edublogs.org/2008/06/11/legal-precedent-set-for-web-accessibility/

CAFA Issues

Classified offers multiple recent entries discussing CAFA (Class Action Fairness Act) removal decisions:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=220

http://www.carltonfields.com/classactionblog/blog.aspx?entry=219

How Appealing details a Seventh Circuit opinion authored by Chief Judge Frank H. Easterbrook on the proper interpretation of the time limitation for appealing remand orders under CAFA.

http://howappealing.law.com/061108.html#029130

Civil Procedure

SCOTUSBlog recaps a recent U.S. Supreme Court addressing complex sovereign immunity and FRCP 19 indispensable party issues in an interpleader action brought to resolve a dispute over assets attached by a class of human rights victims who had previously obtained a judgment against former Philippines President, Ferdinand Marcos where the same assets were also being claimed in a separate action under Philippine law by the Republic of the Philippines.  If you think that description is complicated, read the opinion!

http://www.scotusblog.com/wp/opinion-recap-republic-of-the-philippines-v-pimentel/

Class Action Defense Blog reviews a recent order of the Federal Judicial Panel for Multidistrict Litigation (MDL) granting a home lender’s motion centralization of related subprime class action lawsuits filed in various federal courts.

http://classactiondefense.jmbm.com/2008/06/class_action_defense_casesin_r_96.html

Other Representative Actions

Mass Tort Litigation Blog and Drug and Device Law Blog review a recent U.S. Supreme Court decision addressing the concept of nonparty virtual representation:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/06/taylor-v-sturge.html

http://druganddevicelaw.blogspot.com/2008/06/taylor-v-sturgell-on-virtual.html

Canadian Class Action Trends

thespec.com summarizes recent trends in Canadian class actions.

http://www.thespec.com/article/385060

The Bizop News discusses an unsuccessful Canadian class action in which the defendant was awarded a more than $200,000 in costs.

http://www.bizop.ca/blog2/canlii-2008-canlii-27822-on-sc.html

Class Action and Tort Reform

See these links for a spirited debate between the authors of American Courthouse and AttorneyButler.net about the merits of a proposed $1.6 billion tax break for lawyers who front expenses in contingent fee lawsuits.

http://americancourthouse.com/2008/06/05/a-16-billion-earmark-for-trial-lawyers.html

http://www.attorneybutler.net/2008/06/dan-pero-americ.html

and more on the news on the same proposed legislation from Point of Law:

http://www.pointoflaw.com/archives/2008/06/tax-break-for-trial-lawyers-bl-1.php

Law and More offers an analysis on possible ways to combat mass food contamination, offering litigation, including “the threat of class-action, individual, and shareholder lawsuits” and the imposition of strict liability against manufacturers. 

http://lawandmore.typepad.com/law_and_more/2008/06/a-lawyers-perspective-on-global-food-poisoning—bill-marler-in-london.html

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The Class Action Blogosphere Weekly Review is back on its regularly scheduled day this week.  As always, here are some blog entries that might be of interest to class action practitioners…

See Carlton Fields’ class action blog Classified for links to various news tidbits relating to class actions, including a summary of a bill recently passed in the United States House of Representatives that would amend the Fair and Accurate Transaction Act (FACTA) to, among other things, “ensure that it is not abused by frivolous class-action lawsuits against businesses.”

http://www.carltonfields.com/classactionblog/blog.aspx?entry=213

Class Action Defense Blog summarizes and provides a link to a transfer of venue decision by the U.S. District Court for the Southern District of New York noting that the deference to be given to a plaintiff’s choice of forum is “diminished” in a class action:

http://classactiondefense.jmbm.com/2008/05/venue_class_action_defense_cas.html

The Complex Litigator comments on a recent entry in California Punitive Damages regarding an appeal that may affect punitive damages claims in wage and hour class actions:

http://www.thecomplexlitigator.com/2008/05/are-punitive-da.html

http://calpunitives.blogspot.com/2008/05/pending-appeal-will-affect-punitive.html

Drug and Device Law Blog provides an in-depth analysis of and a link to the Second Circuit Court of Appeals’ recent decision in Pew v. Cardarelli, No. 06-5703-mv, slip op. (2d Cir. May 13, 2008), which addresses the procedures for appellate review of remand orders in cases removed under the Class Action Fairness Act…

http://druganddevicelaw.blogspot.com/2008/05/cafa-intrigue.html

… and see more on the same decision from the Consumer Law & Policy Blog

http://pubcit.typepad.com/clpblog/2008/05/new-cafa-decisi.html

The D&O Diary continues to be the leading source of information on litigation arising out of the subprime mortgage crisis:

http://www.dandodiary.com/2008/05/articles/subprime-litigation/yes-but-the-subprime-litigation-wave-rolls-on/

How Appealing discusses a recent Sixth Circuit Court of Appeals decision upholding a large verdict in an antitrust class action:

http://howappealing.law.com/051508.html#033744

Federal Civil Practice Bulletin discusses a recent First Circuit Court of Appeals decision discussing the level of merits evaluation required (as opposed to allowed) at the class certification stage:

http://federalcivilpracticebulletin.blogspot.com/2008/05/first-circuit-discusses-degree-of.html

Elizabeth Cabraser submits entry as a guest blogger on ACSBlog regarding the use of class actions as a tool for change and social justice:

http://www.acsblog.org/guest-bloggers-class-actions-and-justice.html

Law and More comments on the Deutsche Telekom trial and the possibility that Germany may adopt an American-style class action model (see my earlier entry here)

http://lawandmore.typepad.com/law_and_more/2008/05/will-germany-wind-up-importing-american-style-class-action-lawsuits.html

Canadian blog FP Legal Post comments on recent competition class action decisions in the Canadian courts:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/05/20/divisional-court-upholds-competition-class-action-certification.aspx

Startup Company Lawyer provides some practice tips for directors and officers on ways to minimize potential class action exposure resulting from the sale of a company:

http://www.startupcompanylawyer.com/2008/05/15/what-are-directors-duties-and-what-can-they-do-to-protect-themselves-in-a-sale-of-company/

Too Old to Know Better discusses a website allowing users to submit grievances for review by a consortium of plaintiffs’ class action lawyers (see my commentary on related topics here and here):

http://too-old-to-know-better.blogspot.com/2008/05/class-action-connect.html

A franchise lawyer provides his views on the use of the class action device in franchisee’s rights’ cases on Blue Maumau:

http://www.bluemaumau.org/my_personal_bias_foragainst_using_class_action_lawsuits

Sabal Insurance Group‘s blog summarizes a seminar addressing trends in shareholder class actions in the insurance industry:

http://sabalinsurance.blogspot.com/2008/05/insurers-told-to-monitor-class-action.html

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