Class Action Blawgosphere Review “Lay Down the Gauntlet” Challenge of the Week
In Monday’s ClassActionBlawg entry, I commented about the possibility of “nested” class actions, or class actions seeking damages for breach of fiduciary duty for failing to make a claim in another securities class action. Bruce Carton of Securities Docket was quick to point out in response that not only was I not the first comment about the possibility of the phenomenon, but that it had actually already happened, and that he came up with a name for it three years ago: “litigation about litigation.”
I might argue that “nested class actions” are really just a more specific subcategory of “litigation about litigation” but that wouldn’t be any fun. Instead, the challenge this week is for you, the reader, to decide which term is going to be the VHS of class action scholarship and which is going to be Betamax (for those of you under 30, think HD-DVD versus Blu-Ray). Of course, this probably means that you’ll pick something different altogether. Maybe just: Malkovich, Malkovich, Malkovich, Malkovich… Please feel free to post other suggestions in the comments below.
With that out of the way, here are some blog posts from the week that was that might be of interest to class action practitioners:
Class Action Decisions
CAFA Law Blog summarizes the latest in federal removal decisions discussing the $5 million amount-in-controversy standard under the Class Action Fairness Act (CAFA):
http://www.cafalawblog.com/-case-summaries-plaintiff-sues-whirlpool-over-washing-machines-whirlpool-gives-cafa-removal-a-spin-court-says-plaintiffs-motion-to-remand-is-all-washed-up.html
Class Action Defense Blog offers a summary of a decision addressing whether an offer of judgment to the named plaintiff under Rule 68, Federal Rules of Civil Procedure, can moot claims brought on behalf of a putative class:
http://classactiondefense.jmbm.com/2008/11/class_action_defense_casesstew.html
The VLW Blog reports on a Virginia court’s decision not to certify a would-be class of purchasers of Virginia lottery scratch tickets who allegedly had no chance of winning the grand prize:
http://www.valawyersweekly.com/vlwblog/2008/11/18/class-denied-for-lottery-lawsuit/
Class Action News
The UCL Practitioner offers a scoop on a forthcoming California Supreme Court decision in case involving the efforts that a plaintiff must take to settle a case short of litigation before being entitled to attorneys’ fees under a state fee-shifting provision.
http://www.uclpractitioner.com/2008/11/breaking-news-supreme-court-to-hand-down-vasquez-attorneys-fees-decision-tomorrow.html
According to these reports from the AmLaw Daily and Corporate Legal Times, class action defense firm Sonnenschein Nath & Rosenthal scored a pro bono victory on the plaintiffs’ side, representing a class of developmentally disabled residents of state-owned assisted living facilities against the state of Illinois.
http://amlawdaily.typepad.com/amlawdaily/2008/11/sonnenschein-se.html
http://www.cltmag.com/sonnenschein-secures-pro-bono-class-action-victory-for-disabled-clients.html
NewsBusters follows up on a story covered by countless blogs last week (see last week’s CABWR) about a class action filed against a well-known lingerer retailer alleging that its bras contained formaldehyde, causing skin rashes:
http://newsbusters.org/blogs/jeff-poor/2008/11/17/good-morning-america-attacks-victorias-secret-faulty-bra-lawsuit
PartTimePoker discusses a class action filed by a group of poker players challenging the constitutionality of a law prohibiting online gambling:
http://news.parttimepoker.com/2008/11/14/uigea-update-legal-challeneges-class-action-suits-and-interesting-interreptations/
North Carolina Business Litigation Report provides an update on a class action seeking to enjoin a high-profile bank merger:
http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/wachovia-shoots-back-says-its-board-of-directors-fulfilled-its-fiduciary-duties-in-negotiating-merger-with-wells-fargo/
Class Action Trends
The D&O Diary discusses trends in securities class actions involving claims of “credential inflation” by corporate executives:
http://www.dandodiary.com/2008/11/articles/securities-litigation/credential-inflation-portrayals-proceedings-and-prose/
Tech Law Prof Blog and The Consumerist discuss a case reflecting a possible trend in class actions involving marketing practices of social networking Internet sites:
http://lawprofessors.typepad.com/tech_law_prof/2008/11/classmatecom-ma.html
http://consumerist.com/5085516/classmatescom-sued-because-classmates-werent-really-looking-for-him
Law and More examines the possibility of a class action suit on behalf of overparented children for causing shrunken nervous systems:
http://lawandmore.typepad.com/law_and_more/2008/11/you-shrunk-our-nervous-systems—class-action-suit-by-overparented-children.html
Gabe’s Guide to the e-Discovery Universe summarizes imminent trends in e-Discovery in class actions and other complex litigation to be spawned from the financial crisis.
http://gabesguide.com/?p=1437
Spam Notes covers class action trends in spam, social media, text messaging, and other technology, including this entry:
http://spamnotes.com/2008/11/12/text-message-price-fixing-class-action-filed-against-tmobile-sprint-verizon-att-and-vodafone.aspx
International Class Action Law
With Vigour and Zeal comments on trends relating to the res judicata effect of U.S. class action judgments in European countries (see related ClassActionBlawg entry here):
http://kranenburgesq.com/blog/2008/11/res-judicata-of-us-class-action-judgments/
Point of Law comments on an article discussing how entrepreneurial mass litigation might fare in Europe:
http://www.pointoflaw.com/archives/2008/11/will-aggregate.php
Tan Kin Lian’s Blog comments on a Financial Times article discussing a report on the lack of participation in U.S. securities class action settlements by Asian institutional investors (see ClassActionBlawg commentary here):
http://tankinlian.blogspot.com/2008/11/asians-fail-to-join-class-action-claims.html
Deadly Prose reports on a collective action being pursued on behalf of alleged victims sickened by tainted milk against a Chinese government-owned manufacturer (see ClassActionBlawg entry here):
http://www.deadlyprose.com/jurist-news-stories/2008/11/14/chinese-officials-fail-to-halt-class-action-law-suit.html
Mass Tort Litigation Blogdiscusses a decision by a Brazilian appellate court vacating an award in favor of a consumer “association” (reportedly formed by a doctor and three attorneys two weeks before the lawsuit was filed) against cigarette manufacturers for “indemnification,” finding that the defendants’ due process rights had been violated when they were not allowed to present certain evidence in their defense:
http://lawprofessors.typepad.com/mass_tort_litigation/2008/11/brazil-vacates.html
Top Notch Class Action Lawyers
Finally, I noticed that H. Scott Leviant of The Complex Litigator is looking for new employment opportunities. You’d do well to consider Scott if you have an opening for a top-notch class action lawyer.
http://www.thecomplexlitigator.com/2008/11/the-complex-litigator-will-consider-all-offers-of-gainful-employment-or-similar-associations.html
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Class Action Blogosphere Weekly Review
Posted in Class Action Decisions, Class Action Fairness Act, Class Action News, Class Action Trends, International Class Action Law, Other class action blogs, tagged brinkley, CAFA, class action commentary, Class Action Decisions, Class Action News, Class Action Trends, global coordinating counsel, mass tort litigation, securities class action, TCPA, wage and hour class action on January 15, 2009| 1 Comment »
CABWR is finally back after a three week holiday hiatus! Here are some blog posts from the week that was that might be of interest to class action practitioners:
Class Action Decisions
CAFA Law Blog discusses a Fifth Circuit Court of Appeals decision addressing jurisdiction under the Class Action Fairness Act (CAFA) before reversing class certification in a case alleging violations of the federal Telephone Consumer Protection Act (TCPA):
Class Action Defense Blog summarizes a California appellate court decision reversing a trial court’s decision to deny certification after concluding that it would be necessary to make a determination on the merits to ascertain class members and evaluate numerosity:
http://classactiondefense.jmbm.com/2009/01/class_action_defense_cases_gha.html
Classified comments on a Florida decision upholding a class certification order where the lack of a hearing transcript left the appellate court with no way to analyze the evidence considered by the trial court in reaching its decision:
http://www.carltonfields.com/classactionblog/blog.aspx?entry=246
Folo comments on an opinion by Seventh Circuit Court of Appeals Judge Richard Posner, who has some harsh words for attorneys for objectors to a class action settlement who sought an attorney fee award for what the Judge did not consider a significant contribution to the outcome of the case:
http://www.folo.us/2008/12/30/this-case-is-finito/
The UCL Practitioner summarizes a Seventh Circuit Court of Appeals decision discussing the removability under CAFA of securities class actions filed under section 22(a) of the Securities Act of 1933:
http://www.uclpractitioner.com/2009/01/7th-circuit-makes-it-harder-for-plaintiffs-to-keep-securities-class-actions-in-state-court.html
Class Action Trends
Drug and Device Law Blog discusses the phenomena of “global coordinating counsel” and its rise from marketing ploy to reality as class action and related procedures become more developed around the world:
http://druganddevicelaw.blogspot.com/2009/01/new-meaning-of-global-coordinating.html
Mass Tort Litigation Blog discusses the “multi-faceted” nature of mass tort litigation in an article that includes a discussion of federal judge Jack Weinstein treating MDL litigation and settlement of pharmaceutical products liability claims as a “quasi-class action”:
http://lawprofessors.typepad.com/mass_tort_litigation/2009/01/todays-14-billi.html
Securities Docket summarizes a Manhattan Institute report on a trend in Louisiana public pension funds serving as lead plaintiffs in securities class actions:
http://www.securitiesdocket.com/2008/12/28/manhattan-institute-finds-la-pension-funds-most-active-lead-plaintiffs-in-securities-cases/
The D&O Diary summarizes the year in securities litigation from 2008…
http://www.dandodiary.com/2009/01/articles/securities-litigation/a-closer-look-at-the-2008-securities-lawsuits/
… and The Race to the Bottom offers observations about the modest nature of the increase in securities class actions in light of the financial crisis:
http://www.theracetothebottom.org/home/the-trend-in-securities-class-action-lawsuits.html
The Daily Insurer discusses a recent report by Seyfert Shaw LLP summarizing trends in employment class action litigation:
http://dailyinsurer.blogspot.com/2009/01/class-action-litigation-analyzed-in-new.html
Class Action Commentary
Point of Law provides an abstract of a student note by James McDonald in Duke Law Journal entitled “Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar”:
http://www.pointoflaw.com/archives/2009/01/milbergs-monopo.php
Wage Law discusses claims-made settlements and reversions in wage and hour class actions and whether unclaimed funds escheat to the state:
http://www.californiawagelaw.com/wage_law/2009/01/more-on-reversions-and-claims-made-settlements.html
Pro Football Talk comments on the facts of a class action filed on behalf of retired players against the NFL Players’ Association for for breach of fiduciary duty, which was recently tried to a jury verdict in the retirees’ favor:
http://www.profootballtalk.com/2009/01/13/ruling-in-nflpa-class-action-sheds-light-on-what-the-union-did-allegedly-to-retired-players/
Class Action News
The Complex Litigator reports on the California Supreme Court’s decision to grant review in the wage and hour class action Brinkley v. Public Storage, Inc., Sup. Ct. Case No. S168806:
http://www.thecomplexlitigator.com/2009/01/breaking-news-review-granted-in-brinkley-v-public-storage-inc.html
Class Action Previews. Predictions, and Hopes for 2009
North Carolina Business Litigation Report previews the year ahead for the North Carolina Business Court, including a discussion of class actions:
http://www.ncbusinesslitigationreport.com/2009/01/articles/watching-the-court/the-year-ahead-in-the-north-carolina-business-court/
New look Overlawyered has a post proposing a good idea for a consumer class action that it’s author predicts will be filed by some plaintiffs’ firm in 2009:
http://overlawyered.com/2008/12/a-prediction-for-2009/
Law and More has hopes for “juicy corporate class action litigation” in 2009:
http://lawandmore.typepad.com/law_and_more/2009/01/needed-juicy-corporate-classaction-litigation.html
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