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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Reader Mail: “Do You Think this is for Real?”
Posted in Class Action News, Commentary, tagged class action irony, Class Action Settlements, gift card settlement, Song-Beverly Credit Card Act on February 6, 2009| 4 Comments »
I got the following query by email yesterday from Erik Cansler of Class Action Administration, Inc., probably my most loyal reader (maybe my only loyal reader), and got his permission to share with the world. Unfortunately, I can’t confirm the story, but I can say that other reputable blogs, such as Overlawyered, seem to have picked it up, maybe for its entertainment value more than for its news-worthiness. I’m hoping to convince Erik to contribute some guest posts for ClassActionBlawg.com, so stay tuned.
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