In the latest installment of Bulletproof Blog’s series on class action trends from the plaintiffs’ perspective, Larry Smith interviews Canadian lawyer Won Kim.  Kim discusses a recent Ontario court ruling that allows U.S. plaintiffs’ firms to provide administrative support and legal expertise to their Canadian counterparts for class action litigation in Canada.  For the complete article, click the link below.

http://www.bulletproofblog.com/2009/11/04/whats-next-the-plaintiffs-perspective-new-ruling-allows-massive-u-s-support-for-class-action-litigants-in-canada/

In another I must be living under a rock moment, for the first time this evening I came across Octagon Publishing’s Class Action Attorney Fee Digest Blawg.  The Blawg, which supplements Octagon’s subscription service, Class Action Attorney Fee Digest, focuses exclusively on orders, decisions, and trends in attorneys’  fee awards in class actions.  The publication’s key contributor is Harvard Law Professor William B. Rubenstein, who does expert witness work on class action fee issues.  If you’re about to submit a fee petition or are working on a class action settlement, you’d be wise to check out this great class action resource.

The guys at the Drug and Device Law Blog have a post outlining “six things we’ve heard” about why no lawyers from the ten most profitable law firms have blogs.  Perhaps wisely, the’ve chosen to stay out of the fray by commenting further.  I do not share their good sense.  I’m completely unqualified to speak to what motivates lawyers at the 10 most profitable firms to do or not do anything, but I will say some things in defense of the benefits of blogging for big firm lawyers.

1. Lawyers at the most profitable firms are stupid:

“‘Profitable’ large law firms don’t see the need or the benefit of doing blogs. Clearly, if they are already doing well, why go to the trouble and work involved in blogging, when too many BigLaw lawyers still believe that the work will always be there. A mistake of course, but a perception nonetheless.”

I can offer no proof that this is a mistaken perception, but it does presuppose that the only reason to do anything is to make more money. 

2. Lawyers at the most profitable firms are too busy:

“The reason they are so profitable is that everyone is working their heads off – nobody has time to blog.”

I started work at 8:21 a.m. today and finished at 11:06 p.m., with 30 minutes off to drive home and pick up a Chipotle burrito on the way, so don’t talk to me about being too busy to blog.

3. Lawyers at those firms won’t stoop to blog:

“They are so profitable that they don’t think they need to stoop to marketing (which is what they think blogging is).”

Could be.  Blogging is the geekiest form of shameless self-promotion, unless you count Twitter.  But it’s also a great outlet for self-expression and a place to share ideas with smart lawyers who share your interests.

4. Lawyers at those firms don’t want to give away their product for free:

“Lawyers at the top ten PPP firms wouldn’t want anyone at the firm to blog because they might divulge the firm’s precious secrets.”

Of course, how to bill 1000 hours for a 150-page brief and the complete history of the juridical link doctrine are secrets worth protecting, but think about how much more money you could make if you made a nickel for every person who clicked on your blog to learn about your firm’s precious secrets.

5. Lawyers at those firms lack the necessary skill set:

“Those high-profit firms are so profitable because they are very good at making money, but the skill sets required for being good at making money may not be the same as the skill sets required to blog.”

ClassActionBlawg.com is proof positive that blogging does not require a skill set.

6. Lawyers at those firms correctly believe that blogging is unlikely to yield a decent return on investment because of the nature of the firms, the work they do, and their clients:

“When your firm name is already well known and your reputation that well established, you wouldn’t add any value by blogging.”

This one is right on.  That’s why you end up with so many law blogs written by nobodies who’ve never accomplished anything and who hope that by starting a blog, you’ll mistake them for someone famous.  Like this one from some guy named Spence who doesn’t even own a proper suit for court: http://gerryspence.wordpress.com/.  Or how about these two: http://www.becker-posner-blog.com/?  They sound more like Becker-POSER to me.

To follow up with yesterday’s CAB entry on Supreme Court Nominee Sonia Sotomayor, here are some key quotes from other entries  from around the web discussing her record in class actions and related litigation:

Business Week:  ”When it comes to class-action lawsuits and securities-fraud cases, Sotomayor’s record holds as a pragmatist.” 

http://www.businessweek.com/blogs/money_politics/archives/2009/05/sotomayor_on_di.html?chan=top%20news_top%20news%20index%20-%20temp_news%20+%20analysis (via Securities Docket)

Lots, Stocks, and Gavel: “[S]he took an activist position in favor of an interpretation that would have allowed the suit to go forward, in spite of specific language in the law that would have barred it.”

http://lotsstocksandgavel.wordpress.com/2009/05/26/sonia-sotomayor-and-securities-litigation/

WSJ Law Blog: “There is no reason for the business community to be concerned.”

http://blogs.wsj.com/law/2009/05/26/sotomayor-and-business-no-reason-to-be-concerned/

Reuters: “Experts say it can be difficult to predict how a federal appeals court judge like Sotomayor will rule on business cases as a member of the Supreme Court.”

http://tvnz.co.nz/world-news/factbox-sotomayor-cases-2758347

Statutory Construction Blog: “I . . . found 3 cases where the Court reviewed a decision of Judge Sotomayor that involved statutory construction. They’re real snoozers, and am not sure they tell us much but…”

http://lawprofessors.typepad.com/statutory/2009/05/the-supremes-review-of-sotomayors-statutory-construction-cases.html

Wal-Mart Watch: “Most view her record [i]s decidedly moderate, though she has implied in the past that the gender and ethnicity of judges should and does influence their judicial decision-making.”

http://walmartwatch.com/blog/archives/is_wal_mart_happy_with_obamas_supreme_nominee/

The Volokh Conspiracy: “[M]any in the business community were hopeful that the President would select someone who would fit into the Roberts’ Court’s overall approach to business cases. That is someone who is not overtly pro-business, but recognizes the importance of narrow rulings that reinforce settled expectations. . . .  Does the Sotomayor nomination conform to the business community’s expectations?  It is not so clear. . . .”

http://volokh.com/posts/1243433224.shtml

Forbes (by Walter Olsen of Overlawyered and Point of Law): “Issues of business law don’t come across as Sotomayor’s great passion one way or the other, so it’s hard to know what all this portends for the high court’s direction on business issues should she be confirmed.”

http://www.forbes.com/2009/05/26/obama-conservative-supreme-court-nomination-opinions-contributors-sotomayor.html

The loyal reader will note that ClassActionBlawg covers class action trends in other parts of the world, including Canada.  But since I live about 1000 miles (or 1609.344 km) from Canada, and certainly have no license to practice law there, you have to take anything I say about trends in Canadian law with a huge grain of salt. 

Not so with Ward Branch’s aptly named blog Class Actions in Canada.  If you want to get an insider’s view of class action news, legislation, decisions, and trends across the border, be sure check it out:

http://classactionsincanada.blogspot.com/

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:

http://www.consumerclassactionsmasstorts.com/2009/01/articles/nuisance/federal-court-refuses-to-give-collateral-estoppel-effect-to-state-court-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:

http://www.uclpractitioner.com/2009/01/ninth-circuit-refuses-to-enforce-forum-selection-clause-in-uclclra-case-ramkissoon-v-aol-llc.html

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):

http://www.cafalawblog.com/-case-summaries-party-tells-judge-hurry-up-and-rule-on-cafa-jurisdiction-judge-tells-party-hurry-up-and-produce-some-evidence.html

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:

http://spamnotes.com/2009/01/15/federal-judge-rejects-privacy-class-action-against-hewitt-tax-services.aspx

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:

http://www.dandodiary.com/2009/01/articles/subprime-litigation/the-bofamerrill-deal-losses-disclosures-and-lawsuits/

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:

http://www.thecomplexlitigator.com/2009/01/view-the-opening-brief-submitted-in-brinker-restaurant-v-superior-court.html

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:

http://gabesguide.com/?p=2309

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/

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

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

Kudos to the folks at Drug and Device Law Blog on their excellent review, with the help of O’Melveny’s John Beisner, of the most recent draft of ALI’s Principles of Aggregate Litigation:

http://druganddevicelaw.blogspot.com/2008/12/umm-what-he-said.html

Class Action Decisions

Securities Docket summarizes and links to the latest decision from the U.S. District Court for the Southern District of New York discussing federal jurisdiction in a “foreign cubed” securities class action:

http://www.securitiesdocket.com/2008/12/01/sdny-dismisses-vodafone-securities-class-action-for-lack-of-subject-matter-jurisdiction/

Class Action Defense Blog discusses a pair of Federal district court decisions in class actions involving claims under the Fair Debt Collection Practices Act (FDCPA):

http://classactiondefense.jmbm.com/2008/12/class_action_defense_cases_ste.html

http://classactiondefense.jmbm.com/2008/12/fdcpa_class_action_defense_cas_11.html

North Carolina Business Litigation Report discusses a North Carolina federal court’s decision denying a motion for a preliminary injunction and discusses other developments in a class action seeking to enjoin a high profile bank merger:

http://www.ncbusinesslitigationreport.com/2008/12/articles/class-actions/nc-business-court-denies-motion-for-preliminary-injunction-in-wachoviawells-fargo-merger-case/

The Complex Litigator offers a synopsis of a California Supreme Court decision addressing the availability of punitive damages in wage and hour class actions:

http://www.thecomplexlitigator.com/2008/12/for-the-moment-california-law-is-clear-no-punitive-damages-for-violations-of-labor-code-provisions-r.html

The UCL Practitioner provides a link to the latest in California Court of Appeal decisions addressing the injury-in-fact requirement for standing under the Unfair Competition Law (UCL) after Proposition 64:

http://www.uclpractitioner.com/2008/12/new-ucl-standing-decision-troyk-v-farmers-group-inc.html

Wage Law offers a synopsis of a California decision discussing the impact of practical difficulties in ascertaining class membership on the viability of class certification in a wage and hour case:

http://www.californiawagelaw.com/wage_law/2008/12/harper-v-24-hour-fitness.html

Class Action News

Spam Notes discusses and provides a link to the complaint in a putative class action seeking liability against an Internet company for allegedly violating the Washington State gift card law by removing credits from customers’ “stored value accounts” due to inactivity:

http://spamnotes.com/2008/12/08/class-action-filed-against-skype-for-wa-gift-card-violations.aspx

WDSU.com reports on a class action against the City of New Orleans challenging the constitutionality of using automated cameras to catch drivers who run red lights:

http://www.wdsu.com/news/18215832/detail.html?rss=no&psp=news

Mercury News discusses an order by a California federal judge certifying a class in a case against a collection firm for alleged unlawful threats in bad check notices to debtors:

http://www.mercurynews.com/localnewsheadlines/ci_11139841?source=rss

The Wall Street Journal Law Blog provides details on an unsealed indictment of defendants accused of participating a conspiracy to collect class action settlement proceeds using forged documents and fake companies.  (See previous ClassActionBlawg commentary on the story here):

http://blogs.wsj.com/law/2008/12/03/class-action-fraud-alive-and-well-philly-prosecutors-say/

Class Action Scholarship

Mass Tort Litigation offers links variety of interesting scholarly articles on class action-related issues, including this abstract of an article by Tanya Monestier of Queen’s University entitled Personal Jurisdiction Over Non-Resident Plaintiffs in Multi-Jurisdictional Class Actions: Have We Gone Down the Wrong Road?

http://lawprofessors.typepad.com/mass_tort_litigation/

Class Action Trends

The D&O Diary discusses the “new wave” in subprime credit crisis litigation:

http://www.dandodiary.com/2008/12/articles/subprime-litigation/the-evolving-credit-crisis-litigation-wave/

Class Action Commentary

Point of Law responds to a commentary on the Cato Institute’s Cato-at-Liberty blog arguing that the Class Action Fairness Act (CAFA) is contrary to the originalist interpretation of the United States Constitution.  (See ClassActionBlawg reaction to the same commentary here):

http://www.pointoflaw.com/archives/2008/12/moller-constitu.php

Overlawyered discusses the reasons for the race to the courthouse shortly after a tragic event like the Black Friday shopper trampling:

http://overlawyered.com/2008/12/5-minute-after-suits-and-the-wal-mart-trampling/

A climate change skeptic responds to a researcher’s claims that he can calculate the difference between damage caused by a storm and the damage that would have been caused but for global warming, on The Air Vent:

http://noconsensus.wordpress.com/2008/12/10/class-action-suits-to-stop-global-warming/

International Class Action Law

Jurist reports on the rejection of a collective action brought in China by alleged victims of the recent tainted baby formula scandal.  (See previous ClassActionBlawg entry here):

http://jurist.law.pitt.edu/paperchase/2008/12/china-court-rejects-tainted-milk-class.php

Canadian Tax Resource discusses a bulletin issued by the Canadian Revenue Agency describing the department’s views on the tax implications of a Canadian securities class action settlement:

http://blog.taxresource.ca/cra-provides-direction-on-the-nortel-class-action-settlement/

Financial Post discusses the possibility of cross-border class action litigation by U.S. plaintiffs’ firms following the expected failure of a leveraged buyout of a Canadian company:

http://www.financialpost.com/story.html?id=1057781

The Court briefs a recent decision by the Supreme Court of Canada upholding the imposition of strict liability against a cement company in a public nuisance class action.  (See earlier ClassActionBlawg commentary on the case here):

http://www.thecourt.ca/2008/12/10/recognizing-no-fault-civil-liability-in-respect-of-neighbourhood-disturbances-in-quebec-civil-law/

Oh, and by the way, the title of this week’s CABWR is not a typo.  I just thought I’d make a belated pitch for that open Illinois Senate Seat.

Given that it took me until Saturday to get last week’s Class Action Blogosphere Weekly Review out, I plan to wait until next week to do the next one.  In the meantime, here’s an interesting tidbit that Werner Kranenburg of With Vigour & Zeal  tipped me off to earlier in the week.  David I. Michaels, law clerk at the Delaware Court of Chancery and a UCLA law student will be publishing an article in the Rutgers Law Journal entitled An Empirical Study of Securities Litigation after WorldCom.  The abstract, which is available at SSRN, begins:

In this article I present the first empirical study analyzing whether and to what extent In re WorldCom, Inc. Securities Litigation impacted class action litigation brought under Section 11 of the Securities Act of 1933, one of the securities laws’ principal liability provisions. . . .

For those interested in trends in securities class actions, this article looks like an interesting read.

CABWR Challenge of the Week Recap

I’m very disappointed to have to report that last week’s “Lay Down the Gauntlet” Challenge of the Week did not generate a single vote or comment.  This means that I must arbitrarily assign a label for class actions filed against institutional investors for failing to make a claim in another class action settlement.  I have delegated the selection to my dog, Monty, whose vote was to be recorded based on whether he wagged his tail in response to my uttering each of the three candidates.  For anyone who questions the fairness of this process, you should have thought about that when you decided not to vote.  Plus, you should know that Monty got third place one year in the NCAA basketball tournament office pool.  In truth, Monty wasn’t enthralled by any of the choices.  But he did raise an eyebrow and sniff in response to one, while simply maintaining a blank stare in response to the other two.  So, class actions seeking liability for failing to participate in other class action shall forever be called…

“Malkovich”

Congrats to Professor Peter J. Henning of White Collar Crime Prof Blog on his victory.  I’m sure he’ll be thrilled by his victory if he ever discovers that he even entered (in an entry from 2005).

Without further ado (and a few days later than usual), here are some blog entries from the week that was that might be of interest to class action practitioners…

Class Action Decisions

Feminist Law Professors discusses a California state court’s decision to grant class certification in a sexual orientation discrimination case filed against an online dating site for refusing to match gay and lesbian patrons:

http://feministlawprofs.law.sc.edu/?p=4364

Class Action Defense Blog reviews a Third Circuit Court of Appeals opinion reversing, on predominance and superiority grounds, a class certification order in a case filed by automobile dealers against a manufacturer:

http://classactiondefense.jmbm.com/2008/11/class_action_defense_casesdanv_1.html

Classified provides a synopsis of a decision by a Florida federal court addressing proof necessary to establish jurisdiction under the $5 million amount in controversy requirement in a case removed under the Class Action Fairness Act (CAFA) when the plaintiffs’ class definition was imprecise:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=243

Drug and Device Law comments on a Tennessee Supreme Court decision from earlier this year holding that claims under the state’s consumer protection law could not be brought as class actions:

http://druganddevicelaw.blogspot.com/2008/11/tennessee-rejects-consumer-fraud-class.html

Class Action Trends

Point of Law comments on a well-known personal injury firm switching its emphasis from asbestos cases to ERISA class actions involving fees charged in connection with 401K plans:

http://www.pointoflaw.com/archives/2008/11/asbestos-today.php

The WSJ Law Blog discusses a request for attorneys fees in a class action settlement for work done by temporary lawyers:

http://blogs.wsj.com/law/2008/11/24/in-xerox-class-action-fees-for-temp-lawyers-take-center-stage/

Class Action News

North Carolina Business Litigation Report offers the latest developments relating to a class action brought to enjoin a high profile bank merger:

http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/north-carolinas-attorney-general-and-state-treasurer-duke-it-out/

Securities Docket discusses the resolution of a battle between several large institutional investors for appointment as “lead plaintiff” in a securities class action against a mortgage lender:

http://www.securitiesdocket.com/2008/11/26/political-shoving-match-in-north-carolina-rebuts-lead-plaintiff-presumption-in-freddie-mac-case/

The Tampa Bay Tribune reports on a putative class action filed in Florida on behalf of voters challenging Florida’s decision to move up its primaries despite objections from both major parties:

http://www2.tbo.com/content/2008/nov/26/class-action-status-sought-suit-over-florida-prima/news-politics/

The UCL Practitioner summarizes the issues accepted for review by the California Supreme Court in a case implicating whether payment of alleged overcharges can constitute injury sufficient to support an action under the Unfair Competition Law (UCL) when those overcharges are passed on to third parties:

http://www.uclpractitioner.com/2008/11/statement-of-issues-on-review-in-clayworth-v-pfizer-inc.html

AMLAC & Fraud links to a CNN article reporting on the indictment of six people charged in connection with an alleged conspiracy to make fraudulent claims in class action settlements (see ClassActionBlawg entry about the story here):

http://amlac1.blogspot.com/2008/11/federal-government-charges-6-in-40.html

Class Action Commentary

Sergie Lemberg of LemonJustice.com offers a guest commentary on The Complex Litigator addressing the loser pays rule common in jurisdictions outside the Europe and opining that the rule hurts consumers:

http://www.thecomplexlitigator.com/2008/11/guest-blogger-sergei-lemberg-from-lemonjusticecom-on-the-loser-pays-system-and-why-it-hurts-consumer.html

The Race to the Bottom comments on trends in “foreign cubed” securities fraud class actions.  (See recent ClassActionBlawg commentary on the subject here):

http://www.theracetothebottom.org/home/no-bright-line-test-for-foreign-cubed-securities-fraud-actio.html

Class Action Reports

Tom Willging of the Federal Judicial Center (FJC) comments on Consumer Law & Protection Blog regarding the FJC’s recent report on trends in class action filings following the Class Action Fairness Act (CAFA):

http://pubcit.typepad.com/clpblog/2008/11/new-federal-judicial-center-study-on-the-class-action-fairness-action-one-of-the-authors-speaks.html

International Class Action Law

Shareholders Foundation discusses proposed European collective action procedures and how they might compare to the U.S. class action model:

http://shareholdersfoundation.com/?p=4647

Jurist reports on the Sixth Circuit’s decision affirming an order granting in part and denying in part a motion for summary judgment in a class action against the Vatican arising out of alleged clergy abuse by the Catholic Church:

http://jurist.law.pitt.edu/paperchase/2008/11/sixth-circuit-allows-class-action.php

With Vigour and Zeal offers notes on a variety of issues touching on international and transnational class and collective action litigation:

http://kranenburgesq.com/blog/2008/11/wrapping-it-up-26-november-2008/

The October 2008 issue of the Federalist Society’s Class Action Watch is now available for free download at the organization’s website (see link to the March 2008 issue here).  This installment includes articles on punitive damage limits, medical monitoring, the selection of lead counsel in securities class actions, product-based public nuisance cases, the impact of conflicts of state law on class certification, and more…

Thanks to Ted Frank at Overlawyered for the tip.

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

Here are some blog posts from the (2) weeks that were that might be of interest to class action practitioners:

Responses to the October 29 CABWR “Lay Down the Gauntlet” Challenge of the Week

Many thanks to Walter Olson at Point of Law for posting a link to the “Lay Down the Gauntlet” Challenge of the Week from the last CABWR, but alas, my question was either too uninformed to justify a response or so brilliant that everyone was stumped.  Or maybe Walter Olson is my only reader.  I guess if you only had one reader, he wouldn’t be a bad choice.  Oh well…

http://www.pointoflaw.com/archives/2008/11/meal-and-rest-b.php

Class Action Decisions

The UCL Practitioner provides a thorough analysis of the Seventh Circuit Court of Appeals decision in Thorogood v. Sears, Roebuck & Co., ___ F.3d ___ (7th Cir. Oct. 28, 2008) addressing aggregate class proof, in which Judge Posner quipped: “At argument the plaintiff’s lawyer, skeptical that men ever operate clothes dryers—oddly, since his client does—asked us to ask our wives whether they are concerned about rust stains in their dryers. None is.”

http://www.uclpractitioner.com/2008/11/new-seventh-circuit-class-certification-decision-thorogood-v-sears-roebuck-co.html

FiercePharma and Pharmalot discuss a Florida federal court’s decision dismissing a RICO case filed against a drug manufacturer for alleged fraud in its marketing practices about the safety and effectiveness of its product, a decision that appears to conflict with Judge Weinstein’s recent Zyprexa decision (discussed at the recent National Institute on Class Actions):

http://www.fiercepharma.com/story/judge-throws-out-rico-class-action/2008-11-11?utm_medium=rss&utm_source=rss&cmp-id=OTC-RSS-FP0 

http://www.pharmalot.com/2008/11/judge-tosses-rico-lawsuit-against-astrazeneca/

Consumer Law & Policy Blog comments on a New York state appellate court decision holding that incentive awards may not be given to named plaintiffs in class action settlements:

http://pubcit.typepad.com/clpblog/2008/11/new-york-appell.html

Wild Wild Law discusses a Nevada court’s decision to deny class certification in a case involving allegations that an endoscopy clinic’s use of needles contaminated with Hepatitis C and its subsequent notification to patients who may have been exposed, caused severe emotional distress.  (See ClassActionBlawg entry on the case here):

http://wildwildlaw.blogspot.com/2008/11/class-action-denied.html

Florida ADR Law.com provides a synopsis of a Florida federal court’s decision to uphold a class arbitration waiver provision in a consumer mobile phone service contract:

http://floridaarbitrationlaw.com/blogs/index.php?blog=5&title=atat_wireless_iphone_arbitration_class_a&more=1&c=1&tb=1&pb=1

First Mediation summarizes a California Court of Appeal decision overturning the approval of a class action settlement in part because the court had not inquired about data underlying settlement communications made during a mediation:

http://www.firstmediation.com/blog/?p=335

The Am Law Daily provides an update on a high-stakes antitrust class action against railroad operators:

http://amlawdaily.typepad.com/amlawdaily/2008/11/the-am-law-li-6.html

ZoneBlitz provides commentary and reaction to the jury’s verdict in favor of former NFL players in a class action against the NFLPA.  (See ClassActionBlawg entry here):

http://www.zoneblitz.com/2008/11/10/jury-awards-former-football-stars-281-million/

Spamnotes reacts to a Second Circuit Court of Appeals decision rejecting class certification under the Telephone Consumer Protection Act (TCPA):

http://spamnotes.com/2008/11/08/second-circuit–no-tcpa-class-action-in-ny.aspx

Drug and Device Law Blog provides a synopsis of a Massachussets federal court’s decision to limit the amount of a fee award in a class action settlement to the actual benefits claimed as opposed to the theoretical benefits obtained for class members:

http://druganddevicelaw.blogspot.com/2008/11/class-action-settlement-rant-tjx.html

The Complex Litigator discusses a rare appellate decision siding with an objector to a class action settlement:

http://www.thecomplexlitigator.com/2008/11/in-kullar-v-foot-locker-retail-inc-court-of-appeal-sides-with-objector-to-class-action-settlement.html

As always when I miss a week of CABWR, CAFA Law Blog has numerous great summaries on recent CAFA decisions, so I’ll just direct you to the main page.  Ditto for Class Action Defense Blog and its numerous case summaries on various class action-related topics:

Class Action Trends

The D&O Diary summarizes a recent NERA Economic Consulting report on trends in SEC settlements an their values following the passage of Sarbanes Oxley…

http://www.dandodiary.com/2008/11/articles/securities-litigation/nera-study-details-postsox-sec-settlements/

… and comments on future of the plaintiffs’ securities bar in light of recent scandals involving high profile lawyers:

http://www.dandodiary.com/2008/11/articles/plaintiffs-bar/the-future-of-the-plaintiffs-securities-bar/

Boston ERISA and Insurance Litigation Blog discusses a trend away from securities class actions and toward ERISA breach of fiduciary duty class actions:

http://www.bostonerisalaw.com/archives/401k-plans-you-say-securities-law-i-say-erisa.html

CAFA Law Blog offers some astute but unfortunately unconfirmed quotations on developments on the Class Action Fairness Act of 2005 from former VP candidate Sarah Palin in summarizing papers presented at a 2007 Penn Law Review symposium on CAFA:

http://www.cafalawblog.com/-resources-does-palin-know-cafa-you-betcha-thanks-to-the-2007-university-of-pennsylvania-law-review-symposium-and-accompanying-articles.html

Jim Hamilton’s World of Securities Regulation discusses the difficulties of bringing a securities fraud class action in the Fifth Circuit in light of its recent decisions on loss causation:

http://jimhamiltonblog.blogspot.com/2008/11/lost-causes-fraud-pleading-in-5th.html

The Race to the Bottom offers a multi-part analysis of trends in lower court cases addressing the Private Litigation Securities Reform Act of 1996 (PRLSA) since the U.S. Supreme Court’s 2007 decision in Tellabs, Inc. v. Makor Issues & Rights:

http://www.theracetothebottom.org/home/the-tellabs-excuse-a-recappart-1.html

http://www.theracetothebottom.org/home/the-tellabs-excuse-a-recappart-2.html

http://www.theracetothebottom.org/home/2008/11/12/the-tellabs-excuse-a-recappart-3.html

Class Action Commentary

Peter Brantley’s thoughts and speculations include a commentary on the impact of a proposed class action settlement in “arguably assisting in the creation of a monopoly”:

http://blogs.lib.berkeley.edu/shimenawa.php/2008/11/06/class-action-monopoly

Wage Law provides an analysis of the propriety of a defendant filing a preemptive motion to reject class certification before any class is certified:

http://www.californiawagelaw.com/wage_law/2008/11/motions-to-pre-de-certify.html

The Legal Infrastructure of Business discusses entertaining comments made in exclusion (opt-out) requests filed by would-be members of an Iowa consumer class:

http://picker.typepad.com/legal_infrastructure_of_b/2008/11/dont-count-me-i.html

Portfolio.com opines on the possible impact to New York City Mayor Bloomberg’s re-election bid of a discrimination class action filed by pregnant workers against the company that bears his name:

http://www.portfolio.com/executives/features/2008/11/11/Gender-Discrimination-at-Bloomberg

North Carolina Business Litigation Report comments on public comments by the N.C. state treasurer and other prominent people and how those comments reflect public sentiment regarding a proposed bank merger that a pending shareholder class action seeks to enjoin:

http://www.ncbusinesslitigationreport.com/2008/11/articles/class-actions/north-carolina-state-treasurer-says-wachoviawells-fargo-merger-is-highway-robbery/

Overlawyered discusses a multi-million dollar settlement of claims against the Mexican government for alleged unpaid benefit amounts owed to workers who came to the U.S. during World War II as part of a guest worker program:

http://overlawyered.com/2008/11/wwii-era-mexican-braceros-settlement/

WiredMag comments that class actions “that seem funny aren’t always a laughing matter” to those involved, including one in which a plaintiff claims to have been tricked into paying premium fees for an Internet networking service based on representations that his classmates were looking for him…

http://wiredmag.livejournal.com/3526145.html

… more on the same case fromVibe …

http://www.vibetechmag.com/?p=2809

… and In other non-humorous Class Action News…

Reacting to a class action filing that was tailor-made for the blogosphere, The Consumerist, SheFinds, Consumer Reports Blog, Jamerican Muslimah: Talking it Plain, Blogue, Behind Blue Eyes, The Red Dress Diary, Style Crunch and Winn & Tonic (and about a zillion others) offer varying perspectives on a putative class action filed against a well-known seller of women’s intimate apparel for allegedly selling bras treated with a substance that caused skin rashes:

http://consumerist.com/5084654/class-action-lawsuit-victorias-secret-bras-causing-skin-rashes

http://www.shefinds.com/blog/index.php/weblog/comments/news_victorias_secret_causes_a_rash/#When:13:00:43Z

http://consumerreportsblog.blogspot.com/2008/11/class-action-suit-claims-damages-caused.html

http://jamericanmuslimah.wordpress.com/2008/11/12/is-your-vickis-bra-making-you-sick/

http://blogue.us/2008/11/12/we-know-victorias-secret/

http://bechindblueeyes.blogspot.com/2008/11/victorias-secretformaldehyde-bras.html

http://style.popcrunch.com/victorias-secret-is-sexy-but-it-may-be-dangerous/

http://winnandtonic.wordpress.com/2008/11/11/victoria-secrets-bras-mutilate-breasts-no-bra-look-to-return/

Pro Football Talk summarizes the claims in a would-be class action filed by an NFL player against the manufacturer of a nutritional supplement manufacturer for failing to disclose to consumers that its product included a controlled substance–a substance perhaps not coincidently was banned by the NFL, and for which several current NFL players have tested positive:

http://www.profootballtalk.com/2008/11/10/grady-jackson-files-starcaps-class-action/

International Class Action Law

This South China Morning Post editorial discussing Hong Kong’s lack of a class action procedure and suggesting that now may be the time to adopt one and change the rules prohibiting contingent fees:

http://www.scmp.com/portal/site/SCMP/menuitem.2c913216495213d5df646910cba0a0a0/?vgnextoid=1357e46f3178d110VgnVCM100000360a0a0aRCRD&vgnextfmt=teaser&ss=insight&s=opinion

See this entry in Tan Kin Lian’s Blog for a link to the full article:

http://tankinlian.blogspot.com/2008/11/scmptime-to-reconsider-class-action.html

Several months ago, I commented on a story from Finnish newspaper YLE discussing Finland’s never-once-used class action law.  Well, according to this story, the wait is over.  Apparently, the consumer ombudsman has filed a class action over problems with an electronic voting system used during recent municipal elections:

http://www.yle.fi/news/id107325.html

FP Legal Post offers tips for defendants in avoiding class action exposure in Canada through proactive internal complaint resolution:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/11/10/preventative-measures-for-class-action-defendants.aspx

大海的道味 discusses a legal battle facing two Internet companies in Argentina in a case that the author says “amounts to a class action suit against the Internet companies, although there is no such thing as a class action suit in Argentina”:

http://zhou520530qq.blogspot.com/2008/11/argentine-judge-google-yahoo-must.html

Legal Theory Blog and Mass Tort Litigation Blog provide an abstract of a scholarly article by NYU Law Professors Samuel Issacharoff and Geoffrey P. Miller entitled “Will Aggregate Litigation Come to Europe?”:

http://lsolum.typepad.com/legaltheory/2008/11/issacharoff-mil.html

http://lawprofessors.typepad.com/mass_tort_litigation/

In my haste in getting the CABWR out yesterday, I omitted a couple of interesting class-action-related posts from Spam Notes.  For those of you on the email distribution list, hopefully you’ll see the humor in getting spam about spam:

http://spamnotes.com/2008/10/24/the-aol-email-lawsuit.aspx

http://spamnotes.com/2008/10/25/forwardafriend-spam-lawsuit-against-reunioncom-dismissed-wleave-to-amend.aspx

And now for something completely different…

Class Action Blogosphere Weekly Review’s “Lay Down the Gauntlet” Challenge of the Week

I know this is going to make me sound like Ayn Rand, but why would we possibly want to encourage a public policy that imposes liability on employers for failing to force all of their hourly employees not to work during meal and rest breaks?

I sense that there are a few bloggers out there who will have an answer (or who will take great issue with the premise of the question).

For continuing coverage of proceedings in the California wage and hour class action decision, Brinker Restaurant Corp. v. Superior Court, and other recent decisions involving wage and hour claims for unpaid time worked during meal and rest breaks, see this post and others from The Complex Litigator…

http://www.thecomplexlitigator.com/2008/10/brinker-redux-in-brinkley-v-public-storage-inc.html

… and this post from Wage Law:

http://wagelaw.typepad.com/wage_law/2008/10/old-and-busted-brinker-new-hotness-brinkley.html

With that out of the way, here are some more blog entries from the week that was that might be of interest to class action practitioners:

Class Action Decisions

William Shatner stars in this typically colorful case review from CAFA Law Blog of a California federal court’s order remanding to state court a class action that had been removed under the Class Action Fairness Act (CAFA), finding that the defendant had filed to establish by a preponderance of the evidence that the $5 million amount in controversy threshold was met:

http://www.cafalawblog.com/-case-summaries-dont-be-a-namby-pamby-negotiate-your-own-amount-in-controversy-for-cafa-removal.html

Classified discusses another CAFA amount-in-controversy decision accepting jurisdiction where the damages requested only “likely exceed” the $5 million amount:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=243

North Carolina Business Litigation Report summarizes a North Carolina Business Court’s decision permitting a plaintiff to withdraw class claims and enter into a confidential settlement with the defendant:

http://www.ncbusinesslitigationreport.com/2008/10/articles/class-actions/business-court-allows-confidential-settlement-of-individual-claims-in-class-action-suit/

Class Action Defense Blog provides a synopsis of a Ninth Circuit Court of Appeals decision addressing choice of law issues and their impact on the enforceability of a class arbitration waiver:

http://classactiondefense.jmbm.com/2008/10/ucl_class_action_defense_cases_7.html

This guest post on Drug and Device Law Blog addresses the Federal Circuit Court of Appeals’ recent decision concluding that a “reverse payment settlement” in which a the holder of a patent to a branded drug agreed to make payments to a generic challenger in settlement of a patent infringement lawsuit did not violate antitrust laws:

http://druganddevicelaw.blogspot.com/2008/10/federal-circuit-upholds-reverse-payment.html

How Appealing summarizes a decision by Judge Richard A. Posner that “offers a useful discussion of the pros and cons of class actions” and draws from the personal experience of the wives of the panel’s members in reversing class certification in a deceptive advertising case:

http://howappealing.law.com/102808.html#030880

Class Action (and Related) Commentary

Overlawyered reports on an order compelling the transfer of more than 600 mentally disabled residents of a nursing facilities to group homes entered as the result of a settlement in a public interest group’s class action against the Commonwealth of Massachusetts, the objection of the parents of one of the residents arguing that their son’s health would be endangered by the transfer, and proposed legislation to require courts to notify parents and guardians in class actions and give them a right to opt out:

http://overlawyered.com/2008/10/evicted-by-his-own-class-action-lawyers/

In this Huffington Post entry, Tracy Siska comments on the indictment of former Police Commander Jon Burge and class actions filed against the Chicago Police Department alleging that illegal detentions and prisoner abuse persisted in the department persisted until as recently as 2005, years after the events underlying Burge’s indictment:

http://www.huffingtonpost.com/tracy-siska/chicago-police-burge-and_b_138242.html

Point of Law offers an abstract from a National Review article discussing the Alaska “loser-pays” rule for shifting attorneys fees:

http://www.pointoflaw.com/archives/2008/10/commonsense-jus.php

Class Action Trends

Jan Norman on Small Business discusses trends in California wage and hour class actions and offers tips for employers from employment lawyer John McKasson:

http://jan.freedomblogging.com/2008/10/28/californias-fad-workplace-class-action-lawsuits/3411/

The D&O Diary discusses “The New Phase of Credit Crisis Litigation” as well as other class-action-related trends, and provides a bit of comic relief at the end of this post:

http://www.dandodiary.com/2008/10/articles/subprime-litigation/the-new-phase-of-credit-crisis-litigation/

Class Action Scandals

The New York Times Deal Book Blog reports on the sentencing of two former Milberg Weiss partners for their role in an illegal kickback scheme (see CAB entry here):

http://dealbook.blogs.nytimes.com/2008/10/28/bershad-gets-6-months-in-class-action-scheme/

Mass Tort Litigation Blog reports on the Kentucky Supreme Court’s decision to disbar two lawyers involved in a scandal involving alleged wire fraud in connection with a Fen-Phen class action settlement:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/lawyers-involve.html

Class Action Potpourri

FP Legal Post comments on a video game featuring vicious class action lawyers.  (See CAB entry here) …

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/10/28/surefire-class-action-defence.aspx

… and Securities Docket doesn’t think the game is a good idea:

http://www.securitiesdocket.com/2008/10/27/worst-video-game-ever-class-action-killers/

The Australian newspaper’s Letters Blog includes a reader’s entry suggesting a government-sponsored class action is a better response than a bailout to the economic crisis:

http://blogs.theaustralian.news.com.au/letters/index.php/theaustralian/comments/class_action_will_show_wall_st_we_mean_business/

and finally, The UCL Practitioner offers “An Introduction to the California Blogosphere,” which includes reviews of several of the great California-and-class-action-centric blogs often featured on CABWR and others covering a variety of legal topics:

http://www.uclpractitioner.com/2008/10/blawg-review-183.html

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

Class Action Art?

In one of the more original class action-related blog postings ever featured in the CABWR, Artist Izhar Cohen has created a graphic description of an Israeli court’s recent class action ruling in a case filed against a milk container manufacturer in his blog My Window (see CAB entry discussing the decision here):

http://izharcohen.wordpress.com/2008/10/20/297/

Class Action Decisions

The Complex Litigator and Wage Law break the news on the California Supreme Court’s decision to grant a petition for review in the wage and hour class action case, Brinker v. Superior Court:

http://www.thecomplexlitigator.com/2008/10/breaking-news-p.html

http://wagelaw.typepad.com/wage_law/2008/10/supreme-court-to-review-brinker.html

Also see The Complex Litigator for this commentary on a California Court of Appeal decision reversing de-certification of a class action brought under the California Unfair Competition Law (UCL) based on the ascertainability of class members:

http://www.thecomplexlitigator.com/2008/10/court-reverses.html

The UCL Practitioner summarizes a California Court of Appeal decision addressing the distribution of funds set aside to pay class action settlement awards in a claims-made settlement (See CAB entry discussing claims-made settlements here), when the parties have not agreed to a specific method for dealing with those funds…

http://www.uclpractitioner.com/2008/10/new-class-action-settlement-decision-cundiff-v-verizon-california-inc.html

…and a Ninth Circuit Court of Appeals decision discussing choice of law issues in a case involving the enforceability of a class arbitration waiver clause:

http://www.uclpractitioner.com/2008/10/ninth-circuit-opinion-on-no-class-action-arbitration-clauses-hoffman-v-citibank-south-dakota-na.html

ContractsProf Blog reports on a New York appellate court decision upholding the denial of a motion to dismiss in a would-be class action filed against a credit card company over alleged improper disclosure of gift card fees:

http://lawprofessors.typepad.com/contractsprof_blog/2008/10/gift-card-class.html

Phoenix New Times blog Valley Fever discusses a federal court’s ruling in favor of a class of inmates challenging the constitutionality of their treatment and the conditions at the Maricopa County, Arizona jail:

http://blogs.phoenixnewtimes.com/valleyfever/2008/10/breaking_fed_judge_rules_again.php

The Overtime Blog discusses a wage and hour class certification decision discussing the information that the defendant was required to produce in order to assist the plaintiff to update address information for class members:

http://overtimelaw.blogspot.com/2008/10/northern-district-of-illinois-court.html

CAFA Law Blog has an uncharacteristically serious analysis of a case highlighting the importance of a putative class definition in determining whether jurisdiction exists under the Class Action Fairness Act (CAFA):

http://www.cafalawblog.com/-case-summaries-class-definition-can-be-the-determinative-factor-in-deciding-cafa-diversity-jurisdiction.html

Class Action Defense Blog offers a synopsis of a Fifth Circuit Court of Appeals decision reversing class certification in a case under the Telephone Consumer Protection Act (TCPA), holding that the plaintiff could not prove lack of consent to receive fax advertisements on a class-wide basis:

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

International Class Action Law

China Business Law Blog and China Law Blog both comment on a New York Times article discussing the challenges facing efforts to seek redress in China’s courts from injuries allegedly caused by the recent tainted milk scandal.  (See previous CAB entry here):

http://chinabusinesslawblog.com/?p=60

http://www.chinalawblog.com/2008/10/chinas_courts_and_tainted_milk.html

Class Action (and Related) Commentary

Point of Law offers analysis of a challenge to the constitutionality of the FISA Amendments Act of 2008, which permitted the U.S. Attorney General to seek dismissal of pending class actions against telecommunications companies for their roles in cooperating with a federal surveillance program:

http://www.pointoflaw.com/archives/2008/10/back-in-court-f.php

FP Legal Post expresses disgust over a battle between Canadian class action firms over the right to represent the plaintiff class in a settlement with a life insurance company:

http://network.nationalpost.com/np/blogs/legalpost/archive/2008/10/16/battle-over-class-action-clients-disgusting.aspx

Mass Tort Litigation Blog comments on and makes a request for input on the phenomenon of Internet forums dedicated to communication between mass tort claimants and their attorneys:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/query-on-messag.html

North Carolina Business Litigation Report explains some of the nuances of a shareholder class action filed in the North Carolina Business Court seeking to enjoin a bank merger:

http://www.ncbusinesslitigationreport.com/2008/10/articles/class-actions/shareholder-class-action-filed-in-north-carolina-business-court-to-enjoin-wachoviawells-fargo-merger/

Class Action News

Classified summarizes recent class action-related news:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=242

The Am Law Daily and the NLJ Legal Pad/LA report on the filing of a class action lawsuit under the federal WARN Act and various state wage laws by several former employees against the recently dissolved international law firm Heller Ehrman:

http://amlawdaily.typepad.com/amlawdaily/2008/10/heller-faces-cl.html

http://www.lalegalpad.com/2008/10/three-laid-off-heller-ehrman-employees-file-class-action-complaint-against-the-firm.html

Love Note Press reports on a plea from a Singapore politician for investors not to file securities class action suits against failing banks:

http://lovenotepress.com/2008/10/22/low-thia-khiang-urges-affected-investors-not-to-file-class-action-suits-against-banks/

… and more on the story and related news from The Online Citizen:

http://theonlinecitizen.com/2008/10/wp-concerned-about-class-action-suitby-investors/

Overlawyered comments on an Australian newspaper’s report on a class action against the International Olympic Committee, asserting that the organization failed to act quickly enough in taking action against a website that was using its trademarks to scam ticket purchasers:

http://overlawyered.com/2008/10/bogus-olympic-ticket-scam/

Class Action Trends

The D&O Diary provides an update on the latest in litigation filed in the wake of the global financial crisis and government bailout:

http://www.dandodiary.com/2008/10/articles/subprime-litigation/global-bailouts-us-lawsuits/

E-Tips discusses trends in decisions on the enforceability of class arbitration waivers in various jurisdictions in the U.S. and Canada:

http://www.dww.com/?p=1353

Gabe’s Guide to the e-Discovery Universe describes a harrowing escape from a hurricane and throws in some tidbits on e-discovery and subprime litigation trends:

http://gabesguide.com/?p=1064

This evening, I came across an excellent blog article by David J. Sales, a trial lawyer with the Florida personal injury firm, Searcy Denney.  His article discusses Democratic Presidential candidate Barack Obama’s vote in favor of the Class Action Fairness Act of 2005 and the significance of that vote in demonstrating an independent streak, allowing him to counter John McCain’s claim to being the “maverick” candidate willing to break with his party.

Sales makes two insightful observations about CAFA that refute popular myths about the statute.  First, he points out that by passing a statute that shifts jurisdiction over many class action lawsuits from state courts to the federal courts, Congress created a ”decidedly anti-federalist” measure, a point that calls into question any perception of the law as a triumph in conservative lawmaking.  Second, he notes that the effects of CAFA have not been been measurably harmful to consumers as many Democrats and trial lawyers warned, a point that discredits any argument that support for CAFA could only have been justified by a pro-big business, anti-consumer agenda.

CAFA has not brought about an end to class actions, as some conservatives hoped and as some liberals had feared.  Maybe for some the law didn’t go far enough in preventing class action abuse, and maybe for others it went too far in restricting access to justice.  But it did add some reasonable procedures that may at least in some cases improve the quality of decision making and prevent abuse in class actions.  Isn’t that exactly the kind of compromise that the vast majority of us who find ourselves closer to the middle of the American political spectrum would like to see happen more often?

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

Class Action Blog Post Title of the Week

CAFA Law Blog’s entries often make me chuckle, but here is one that had me rolling for some reason (probably lack of sleep due to late night blogging): “Plaintiff Gets His Bic Flicked on a CAFA Removal in California”:

http://www.cafalawblog.com/-case-summaries-plaintiff-gets-his-bic-flicked-on-a-cafa-removal-in-california.html 

Class Action Decisions

The Complex Litigator and The UCL Practitioner  both offer commentary on a California Court of Appeal decision addressing the collateral estoppel effect of a final order denying class certification on a subsequent class action brought by a different named plaintiff but raising the same claims:

http://www.uclpractitioner.com/2006/10/new_class_certi.html

http://www.thecomplexlitigator.com/2008/10/procedural-news.html

Class Action Defense Blog summarizes an Eighth Circuit Court of Appeals decision upholding a class arbitration waiver clause:

http://classactiondefense.jmbm.com/2008/10/arbitration_class_action_defen_9.html 

Class Action Trends

Compliance Week provides some excellent commentary on the rise of subprime mortgage litigation in an article that includes quotes on subprime litigation trends from The D&O Diary’s Kevin LaCroix and one of my law partners, Fritz Chockley:

http://www.complianceweek.com/article/5079/sub-prime-litigation-its-only-just-begun

For synopses of various cases addressing Truth in Lending Act (TILA) issues, including the viability of class actions for rescission of mortgages, see this entry from Foreclosure Combatant.  (Note that the Seventh Circuit Court of Appeals recently overturned the decision in Andrews v. Chevy Chase Bank.  See this September 26 CAB Entry).

http://loanaudit.wordpress.com/2008/10/15/truth-in-lending-act-developments/

Mass Tort Litigation Blog provides information about the speakers scheduled for the upcoming 12th Annual ABA National Institute on Class Actions in New York City:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/10/12th-annual-aba.html

Class Action News

RetiredPlayers.org reports on the commencement of the trial in a class action brought on behalf of former NFL players against the NFL Players’ Association and Player’s, Inc. seeking a share of licensing revenues:

http://retiredplayers.org/2008/10/15/retired-players-class-action-trial-to-begin-next-week/

The D&O Diary reports on what may be the first settlement of a subprime-related securities class action:

http://www.dandodiary.com/2008/10/articles/subprime-litigation/first-subprime-securities-lawsuit-settlement/

Overlawyered provides a link to a Connecticut Employment Law Blog entry updating readers on proceedings in an employment class action filed by several professional wrestlers against WWE and discussing why the case may have broader implications in cases involving the distinction between an employee and independent contractor.  (Aside-There’s still no sign of a consumer fraud class action against professional wrestling on the grounds that it is fake–I know, it would be extremely difficult to prove):

http://overlawyered.com/2008/10/update-wrestlers-class-action-against-wwe/

http://www.ctemploymentlawblog.com/2008/10/articles/decisions-and-rulings/wwe-lawsuit-update-what-you-need-to-know/

Class Action Commentary

Legal Radar comments on the impact of the denial of class certification in cases brought by rice farmers against a seed manufacturer for alleged contamination caused by its genetically modified seeds:

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

Pro Publica discusses the challenge facing the plaintiffs in securities class actions filed in the wake of the recent credit crisis in light of the heightened burden of proof in securities class actions under the 1995 Private Securities Litigation Reform Act (PSLRA):

http://www.propublica.org/article/fraud-suits-in-the-pipeline-face-high-burden-of-proof-1014/#When:16:13:01Z

TM&S offers commentary on the “fairness” of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which has generated controversy by providing a vehicle for class action liability to small business due to technical violations of credit card receipt requirements…

http://www.tmspay.com/2008/10/14/is-facta-really-fair-and-accurate/

… and here’s more insightful FACTA commentary from guest columnist Randy J. Maniloff, writing for Point of Law:

http://www.pointoflaw.com/columns/archives/2008/10/whole-enchilada-inc-v-traveler.php

Class Action Reform

Drug and Device Law follows up on a recent post discussing Michigan Law Professor Adam Pritchard’s idea for corporations to stave off “fraud on the market” securities class actions through amendments to their articles of incorporation:

http://druganddevicelaw.blogspot.com/2008/10/end-of-securities-fraud-class-actions_15.html

International Class Action Law

News Link provides a brief introduction to class action law in India:

http://www.newslink.in/2008/10/15/all-about-the-class-action-lawsuit/

Pogo Was Right responds to a Korea Times article discussing a potential class action suit against an Internet company accused of leaking private consumer information.  The news article includes a description of an interesting dispute resolution procedure to be employed prior to trial:

http://www.pogowasright.org/article.php?story=20081012081754274

With Vigour and Zeal summarizes a report issued by the law firm Fullbright & Jaworski on litigation trends and statistics, including statistics on UK companies facing class actions in the US and on subprime-related class actions:

http://kranenburgesq.com/blog/2008/10/fulbrights-fifth/

Class Action Potpourri

Legal Writing Competitions announces a law student writing competition in which the winner will be selected for publication in Class Action Reports:

http://legalwritingcompetitions.blogspot.com/2008/10/class-action-reports-publication.html

Hair Balls reports on the case of a disgruntled traveler who brought a class action against an airline for having to pay a fuel surcharge for a flight he didn’t take:

http://blogs.houstonpress.com/hairballs/2008/10/guy_sues_continental_airlines.php

Cannabis Liberty muses about the possibility of a class action to vindicate the victims of false positives in drug testing due to their choice of adopting an “organic natural lifestyle”:

http://cannabisliberty.com/2008/10/09/a-class-action-suit-id-like-to-see/

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

A bout of the stomach flu delayed this week’s CABWR, but better late than never.  Here are some blog entries from the week that was (plus a few days) that might be of interest to class action practitioners:

Class Action-Related Post of the Week

This entry from Wage Law about a conversation overheard between two judges in a coffee shop discussing a ”sweetheart deal” that had been proposed in a class action pending before one of them says volumes both about the need for discretion by judges and lawyers alike in discussing their cases in public places and also the need for class action lawyers on both sides to do their homework before submitting a proposed settlement for court approval:

http://wagelaw.typepad.com/wage_law/2008/09/hearsay.html

Class Action Decisions

The Indiana Blog, How Appealing, and Corporate Legal Times, are among the many legal blogs that commented on the Seventh Circuit Court of Appeals’ decision disallowing a class action claim for rescission of a mortgage under the Truth in Lending Act (TILA) (See CAB entry here):

http://indianalawblog.com/archives/2008/09/ind_decisions_m_286.html

http://howappealing.law.com/093008.html#030528

http://www.cltmag.com/mortgage-lenders-fight-off-rescission-class-action-in-7th-circuit.html

The Complex Litigator and The UCL Practitioner review a California Court of Appeal decision addressing what constitutes an impermissible merits determination in ruling on a motion for class certification:

http://www.thecomplexlitigator.com/2008/09/hewlett-packard.html

http://www.uclpractitioner.com/2008/10/new-class-certi.html

Class Action Defense Blog provides a synopsis of a California Court of Appeal reversing a denial of class certification on the ground that a lower court’s orders precluding certain discovery, including discovery of contact information for other putative class members, prevented the plaintiffs from meeting their burden of demonstrating commonality and typicality:

http://classactiondefense.jmbm.com/2008/09/class_action_defense_caseslee_1.html

Classified provides summaries of several recent decisions by federal district courts in Florida on a variety of class action-related issues including proof of amount in controversy for CAFA removal, the res judicata effect of a summary judgment order in a prior class action, and reliance as an element of a claim under the Florida Deceptive and Unfair Trade Practices Act:

http://www.carltonfields.com/classactionblog/ (see entries dated September 28)

Business Spectator reports on the dismissal of a class action filed by Iraqi citizens in a New York federal court against an Australian company for its alleged acts of bribery and other unlawful conduct in connection with a UN food-for-oil program:

http://www.businessspectator.com.au/bs.nsf/Article/Third-class-action-against-AWB-in-US-dismissed-JZAV9?opendocument&src=rss

EDTexWeblog.com provides a summary of a decision by the U.S. District Court for the Eastern District of Texas dismissing a class action brought under the Drivers’ Privacy Protection Act (DPPA):

http://mcsmith.blogs.com/eastern_district_of_texas/2008/09/drivers-privacy-protection-act-dppa-class-action-dismissed.html

planadvisor discusses an Illinois federal court’s order granting class certification in an ERISA class action involving allegations of excessive fees and other breaches of fiduciary duty in administering a 401(k) plan:

http://www.planadviser.com/article.php/2933

Green Buckeye RN discusses a West Virginia federal court’s decision not to certify a class in a mass tort case filed on behalf of a would-be class of residents of a city whose water was allegedly contaminated by the defendant’s pollution:

http://greenbuckeyern.wordpress.com/2008/10/02/the-charleston-gazette-judge-rejects-c8-class-action-case-against-dupont/

Overlawyered reports on the dismissal of a New York lawsuit brought on behalf of a would-have-been class of men seeking to hold “Ladies Night” discounts unconstitutional:

http://overlawyered.com/2008/09/ladies-nights-a-win-for-nyc-clubs/

Class Action Scandals

Dallas Blog reports on the guilty plea of the last defendant to face charges in connection with the Milberg Weiss kickback scandal:

http://www.dallasblog.com/200809301003674/john-browning-s-legally-speaking/a-class-action-act.html

 Class Action Settlements

Good Morning Silicon Valley discusses a cy pres award from an class action settlement involving alleged unpaid overtime against a video game manufacturer that went to pay for scholarships for students studying video game design:

http://blogs.siliconvalley.com/gmsv/2008/09/class-action-helps-fund-class-action.html

Enough links to an entry from The Real Battle in Seattle discussing a movement by protesters arrested during the 1999 WTO meetings in Seattle to donate proceeds from a class action verdict to fund global justice projects:

http://www.enoughenough.org/blog/59/returning-class-action-funds-to-the-global-justice-movement/

http://www.realbattleinseattle.org/node/71

Class Action (and Related) News

Slashdot is one of many non-law blogs to comment on a class action filed against a video game manufacturer for allegedly including undisclosed invasive copy protection software in its video games that could not be uninstalled:

http://games.slashdot.org/article.pl?sid=08/09/24/1939256&from=rss

SCOTUS Blog previews an upcoming oral argument in a case brought by public-sector union members on behalf of a proposed class seeking to hold unconstitutional certain public-sector union service fees earmarked for litigation on behalf of affiliated collective bargaining units:

http://www.scotusblog.com/wp/scotuswiki-preview-locke-v-karass/#more-7970

Class Action Trends

The D&O Diary considers whether a recent New York federal court’s order dismissing a pre-subprime crisis case involving alleged failure to disclose risky investments may portend an end to subprime-related securities litigation:

http://www.dandodiary.com/2008/09/articles/securities-litigation/does-dismissal-foreshadow-subprime-litigation-culmination/

Canadian attorney Daniel A. Lublin discusses the potential benefits of bringing a group of individual wrongful dismissal claims rather than pursuing a class action:

http://blog.toronto-employmentlawyer.com/toronto_employment_lawyer/2008/09/class-action-la.html

The Consumerist showcases the latest website dedicated to providing information about class action settlements:

http://consumerist.com/5054244/find-class-action-settlements-at-topclassactionscom#c7958619

Class Action Commentary

Drug and Device Law Blog and Point of Law summarize a recent National Law Journal article by Michigan Law Professor Adam Pritchard discussing a possible mechanism for companies to unilaterally insulate themselves from certain securities class actions:

http://druganddevicelaw.blogspot.com/2008/10/end-of-securities-fraud-class-actions.html

http://www.pointoflaw.com/archives/2008/10/basic-inc-v-lev.php

This student post from The Race to the Bottom summarizes developments in the last of the securities fraud cases pending in the U.S. District Court for the Southern District of New York involving Italian dairy company Parmalat:

http://www.theracetothebottom.org/home/parmalat-claims-dismissed-against-banks-auditors-and-attorne.html

CAFA Law Blog answers reader mail with commentary on the applicability of the diversity jurisdiction provisions of Class Action Fairness Act (CAFA) to both removal and original jurisdiction:

http://www.cafalawblog.com/-resources-cafa-law-blog-mail-bag-an-inquiry-from-one-of-our-readers.html

The Deal Sleuth offers a defense of securities class action lawsuits:

http://thedealsleuth.wordpress.com/2008/09/24/in-defense-of-shareholder-class-actions/

Robert Galoppini’s Commercial Open Source Software makes an apt quote to Shakespeare in reporting on the position taken by several consumer associations in an amicus brief filed in a case involving alleged copyright infringement by the maker of a technology capable of both infringing and noninfringing technologies (referred to as “multi-use technologies”):

http://robertogaloppini.net/2008/09/29/peer-to-peer-demonization-a-class-action-in-favor-of-multi-use-technologies/

The Lighter Side of Class Actions

Internet Monk announces a “class action” against the publisher of a new study Bible for mental anguish in causing great anticipation for its publication…

http://www.internetmonk.com/archive/van-til-announces-class-action-lawsuit-against-justin-taylor-for-cruelty-and-abuse-of-bibliophiles

… and draws a response from the “defendant”

http://theologica.blogspot.com/2008/09/class-action-lawsuit-against-your.html

The Seventh Circuit Court of Appeals’s highly anticipated Truth In Lending Act (TILA) class action decision in Andrews v. Chevy Chase Bank, No. 07-1327 (7th Cir., Sept. 24, 2008) was finally issued Wednesday.  The court reversed the district court’s class certification decision and joined the First and Fifth Circuit Courts of Appeals in holding that the TILA’s rescision remedy (at the risk of oversimplification, the right to back out of the deal), is not suitable for class-wide treatment.  The case involves claims by a Wisconsin couple that their mortgage lender violated TILA, 15 U.S.C. § 1635, by misrepresenting facts in selling them an adjustable rate mortgage (ARM) of the type that is the center of the current subprime lending crisis.  The opinion, authored by Judge Diane S. Sykes, is available for download on the court’s website.

As usual, Class Action Defense Blog has already posted a thorough summary of the decision, so rather than repeating the nuances of the decision here, I’ll direct you to that post.

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

Class Action Decisions

The UCL Practitioner quotes a recent California Court of Appeal decision reversing a trial court’s order denying class certification on the ground that the court had not allowed pre-certification discovery of the identity of possible replacement class representatives under Pioneer Electronics v. Superior Court, 40 Cal. 4th 360 (2007) (link to opinion provided by Class Action Defense Blog):

http://www.uclpractitioner.com/2008/09/new-class-certi.html

CAFA Law Blog provides a synopsis of a Louisiana federal court decision addressing the time for removal under CAFA and the non-applicability under CAFA of the “first-served” rule, which provided that all defendants had to join in a removal petition within 30 days from the date that the first defendant was served with process:

http://www.cafalawblog.com/-case-summaries-eastern-district-of-louisiana-says-no-go-noto-refusing-to-remand-cafa-case-back-to-state-court-on-timeliness-issue.html

Class Action Defense Blog summarizes a California opinion upholding the dismissal of a claim for attorneys fees under a fee sharing agreement that was not disclosed prior to another court’s ruling on a fee award in an underlying class action settlement:

http://classactiondefense.jmbm.com/2008/09/attorney_fees_class_action_def_1.html

Delaware Corporate and Commercial Litigation Blog discusses a Delaware Chancery Court decision allowing objectors limited discovery in evaluating the fairness of a class action settlement:

http://www.delawarelitigation.com/2008/09/articles/chancery-court-updates/limited-discovery-allowed-for-objectors-to-class-action-settlement/

Class Action News

Jurist reports on a class action lawsuit filed against the NSA, President Bush, Vice President Chaney, and other government officials for actions in connection with their warrantless surveillance program to gather consumer information from telecommunications companies:

http://jurist.law.pitt.edu/paperchase/2008/09/class-action-lawsuit-filed-over-us.php

Tribune Company issues a press release regarding an ERISA class action filed by various reporters, editors, and other employees of the LA Times, a case covered in various blog entries last week.  (See last week’s CABWR)…

http://www.tribune.com/pressroom/releases/2008/09172008.html

… and more on the case from Southern California Public Radio:

http://www.publicradio.org/columns/kpcc/kpccnewsinbrief/2008/09/la-times-employees-file-class.html

Point of Law reports on the settlement of long-standing litigation against the New York City’s homeless programs by consolidating all pending litigation into a single class action settlement:

http://www.pointoflaw.com/archives/2008/09/nyc-settles-maj.php

Class Action Commentary

A Seattle Supersonics fan provides an insider’s view of a heated battle over a subpoena issued by the defendant to a founder of the fan-organized lobbying group, Save our Sonics, in a putative class action for alleged deceptive marketing practices filed on behalf of Sonics ticketholders against the ownership group that recently moved the team to Oklahoma City, from Seattle Center Arena Reboot:

http://seattlecenterarenareboot.blogspot.com/2008/09/dispatches-from-tenth-circle-sonics-fan.html

The Complex Litigator offers commentary on developments in California case law regarding the preclusive effect of a denial of class certification:

http://www.thecomplexlitigator.com/2008/09/johnson-v-gla-1.html

Spam Notes comments on a recent class action settlement involving alleged text messaging spam and addresses the issue whether text messaging spam falls within the purview of the Telephone Consumer Protection Act of 1991 (TCPA):

http://spamnotes.com/2008/09/23/do-text-messgaes-fall-within-the-tcpa.aspx?ref=rss

Practice Tips

Drug and Device Law Blog offers a “Multidistrict Litigation Compendium,” which includes a clarification of the distinction between the MDL process and class certification:

http://druganddevicelaw.blogspot.com/2008/09/multidistrict-litigation-compendium.html

Class Action Trends 

Mass Tort Litigation Blog offers a link to an ABA Litigation News Section Report discussing a trend in courts ordering a full evidentiary Daubert hearing to assess the admissibility of expert testimony at the class certification stage of a class action:

http://lawprofessors.typepad.com/mass_tort_litigation/2008/09/daubert-hearing.html

The D&O Diary discusses the “dark new phase” of litigation spawned from the subprime economic crisis:

http://www.dandodiary.com/2008/09/articles/subprime-litigation/litigation-wave-inflection-point/

… and for loads of content on various other legal issues implicated by the financial crisis and proposed bailout, see http://www.theracetothebottom.org/.

Real Lawyers Have Blogs updates a previous story about a plaintiffs’ class action law firm that hired a PR firm to post a message on the social networking website Twitter seeking potential class representatives.  The update reports that the PR firm retracted the post following media and public reaction, but defended its use of Twitter to generate publicity about a potential class action as in the public interest…

http://kevin.lexblog.com/2008/09/articles/social-networking-1/pr-firm-retracts-twitter-post-looking-for-class-action-plaintiffs/

… and another brief commentary on the story from Overlawyered:

http://overlawyered.com/2008/09/using-twitter-to-scare-up-class-action-plaintiffs/

International Class Action Law

Securities Docket and Bankruptcy Information Centre discuss issues facing two British pension funds in pursuing securities class action claims against the now bankrupt Lehman Bros. investment bank:

http://www.securitiesdocket.com/2008/09/22/uk-pension-funds-in-lehman-bros-securities-class-action-weighing-options/

http://bankruptcy.org.uk/bankruptcy-news/pension-funds-review-status-of-lehman-class-action-ipecom/ (quoting article from IPE.com)

Legal Pad LA discusses a class action for life insurance benefits filed on behalf of a putative class of descendants of victims of the Armenian genocide of World War I against a foreign insurer in federal court in California:

http://www.lalegalpad.com/2008/09/descendants-of.html

ElectEcon takes issue with a Canadian usury law that formed the basis of a Ontario court’s decision holding a Canadian Satellite TV company’s late fees illegal in a class action decision impacting millions of customers: 

http://www.eclectecon.net/2008/09/consumer-protec.html

Remember the Midwest comments on an article in Australian newspaper The Age discussing a possible trend in securities class actions arising out of a company’s failure to disclose facts concerning its carbon emissions.  (for a ClassActionBlawg entry discussing the same article, click here):

http://rememberthemidwest.blogspot.com/2008/09/class-action-climate.html

Multinational Corporations links to a Business Day South Africa article reporting on developments in a case filed under the Alien Tort Claims Act against several multinational corporations for their alleged complicity in the former apartheid policy of the South African government:

http://www.multinationalcorporations.info/blog/9675/apartheid-class-action-group-in-us-court-again%C2%A0-business-day-south-africa/

Class Action Politics

Primary Monitor Blog provides a list of issues on which Presidential candidates Barack Obama and John McCain agree, including their support of the Class Action Fairness Act (CAFA):

http://199.125.75.56/primaryblog/voting_records_where_mccain_obama_have_agreed

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

“A good fortune may forebode bad luck, which may in turn disguise good fortune.”  – Chinese Proverb

I’ve been sent the blogging equivalent of a chain letter.  The kind folks at Drug and Device Law Blog have tagged ClassActionBlawg.com with an Internet Meme (if you don’t know, click the link–It was the first I’d heard of such a thing).  My task is to list five interesting non-law blogs and then tag five more blawgers to do the same.  This process will then continue over and over until we either find the “God” particle or create a microscopic black hole that causes the Earth to implode instantaneously into a single point of infinite mass and gravity.

The whole thing feels like just the sort of pyramid marketing scheme that is going to get me named a defendant in the next wave of class actions, so my good sense tells me to ignore it.  But on the other hand, I have this gut feeling that if I don’t accept Drug and Device Law Blog’s invitation, the ensuing bad karma will cause me to be afflicted with some sort of industrial disease.

So, I’ll do it, but just to be extra safe, let me first make this DISCLAIMER for the benefit each of the millions of you who end up getting tagged in the future.  Please do NOT mail me a $1 bill, no matter how much bad luck you think might come your way if you don’t.

With that out of the way, here are my non-law blog picks of the moment:

1) Levick Strategic Communications’ Bulletproof Blog covers PR topics of interest to lawyers and their clients facing publicity relating to litigation.

2) For those interested in keeping up with trends in corporate governance issues from an accounting consultant’s pespective, see Francine McKenna’s blog, re: The Auditors.

3) Tech Crunch is a great resource for reviews of new websites of all types and trends in Internet innovation, including class action-related sites like SueEasy and litigation alternatives like AllRise.

4) Being a closet science geek, my favorite radio program these days is WNYC’s Radio Lab.  WNYC also  offers a Radio Lab blog, where they post extra content, just in case the radio broadcasts and podcasts aren’t enough.  They haven’t done anything remotely related to class actions as far as I know, but they did do an episode recently on the mysteries of collective group action (in the physical, not legal, sense) called Emergence.  Plus, co-host Robert Krulwich recently gave this commencement speech at Cal Tech discussing the art of persuasion through storytelling, which I think is just as applicable to lawyers as it is to scientists.

5) Finally, if you want to keep up to date on everything going on in the NFL even when it’s not game day, check out Mac’s Football Blog.  I couldn’t figure out a way to make this one even tangentially related to class actions, but I have to give it a plug since it is written by a fellow suffering Seahawks fan.

… and here are my blawger victims:

1) My former Corporations and Administrative Law Professor, Jay Brown, authors The Race to the Bottom in collaboration with students, which focuses on corporate governance issues.

2) Since he is primarily a plaintiff’s lawyer, Scott Leviant’s perspectives are usually wrong, but his blog entries in The Complex Litigator are so eloquent that you still find yourself agreeing with him.

3) Mack Sperling’s North Carolina Business Litigation Report covers the goings-on in a jurisdiction with a specialized business court dedicated to complex litigation matters.

4) Blawging veteran Kimberly Kralowec of The UCL Practitioner was part of CLE panel that finally convinced me to start ClassActionBlawg.com.  So this is the thanks she gets!

5) Anonymous blogger of The Mommy Blawg gave ClassActionBlawg.com a mention in her May 5 Blawg Review #158, so this is the thanks she gets! 

Let us go forth and multiply…

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

Class Action Decisions

Law and Insurance discusses a recent Texas Supreme Court decision holding that a duty to defend was triggered in the context of class actions in which the plaintiffs argued that an alleged product defect in cell phones allegedly could cause brain injury, even though the plaintiffs only sought to recover the cost of a headset as damages on behalf of class members and did not seek damages for actual bodily injuries…

http://lawandinsurance.typepad.com/law_and_insurance/2008/09/cost-of-cellpho.html

… and Point of Law discusses a Pennsylvania federal court decision dismissing a putative class action involving similar claims that cell phones cause brain damage on federal preemption grounds:

http://www.pointoflaw.com/archives/2008/09/angelos-strikes.php

CAFA Law Blog discusses a Rhode Island federal court decision rejecting the “legal certainty” standard for meeting the $5 million amount in controversy requirement under CAFA:

http://www.cafalawblog.com/-case-summaries-short-case-from-small-state-rhode-island-handles-cafa-amount-in-controversy-standard.html

Alaska Employment Law discusses a 9th Circuit Court of Appeals decision upholding sanctions in an FLSA/state wage hybrid class action for the failure to provide Rule 26 damages disclosures for all plaintiffs who opted in to the suit:

http://www.akemplaw.com/wiki/2008/09/04/9th-cir-sanctions-in-hybrid-flsa-opt-in-class-action/

How Appealing and Securities Docket discuss and provide links to a Third Circuit Court of Appeals decision reversing a lower court’s dismissal of a securities fraud case involving statements about the commercial marketability of the drug Vioxx:

http://howappealing.law.com/090908.html#030206

http://www.securitiesdocket.com/2008/09/09/third-circuit-reverses-dismissal-by-lower-court-in-merck-securities-class-action/

Plan Adviser summarizes and provides a link to a recent Iowa federal district court decision denying class certification in an ERISA case filed against a retirement plan service provider on behalf of a would-be class of tens of thousands of 401K plans:

http://www.planadviser.com/article.php/2778

Class Action Defense Blog summarizes an Eleventh Circuit Court of Appeals Decision upholding decertification of a class based on the individualized nature of the damages claimed in a case alleging federal Truth in Leasing regulations:

http://classactiondefense.jmbm.com/2008/09/class_action_defense_casesowne.html

Class Action News

The Complex Litigator reports that a petition for review has been filed in the highly publicized wage and hour class action decision by the California Court of Appeal in Brinker Restaurant Corp. v. Superior Court:

http://www.thecomplexlitigator.com/2008/09/petition-for-re.html

The D&O Diary discusses a securities class action filing against mortgage giant Fannie Mae in the wake of the federal government’s takeover this past weekend:

http://www.dandodiary.com/2008/09/articles/subprime-litigation/first-the-government-takeover-then-the-lawsuit/

Classified provides a summary of recent class action news from the Southeastern U.S.:

http://www.carltonfields.com/classactionblog/blog.aspx?entry=236

THR Esq. reports on the upcoming trial date in a class action filed by former NFL players against the NFL Player’s Association:

http://reporter.blogs.com/thresq/2008/09/class-action-ag.html

PogoWasRight.org discusses reports on a trend in Korea on class action filings resulting from alleged acts of illegal downloading of customer information from publicly available broadband wireless connections:

http://www.pogowasright.org/article.php?story=20080908063543355

Class Action (and related) Commentary

The Race to the Bottom offers more installments of its response to securities class action reforms proposed by the U.S. Chamber of Commerce Institute for Litigation Reform:

http://www.theracetothebottom.org/home/the-chamber-of-commerce-and-excessive-litigation-be-careful-5.html

Drug and Device Law Blog provides a follow up to last week’s discussion of the Multidistrict Litigation (MDL) process:

http://druganddevicelaw.blogspot.com/2008/09/how-long-does-mdl-process-take.html

Class Action Settlements

Overlawyered and The AmLaw Daily report on the $688 million fee award approved for imprisoned lawyer William Lerach’s former firm in a class action settlement arising out of the Enron scandal:

http://overlawyered.com/2008/09/enron-class-action-lawyers-set-to-get-688-million/

http://amlawdaily.typepad.com/amlawdaily/2008/09/coughlin-stoia.html

Life of Brad asks lawyers for help in assessing whether any negative repercussions might come of his decision to do nothing and remain part of a class action settlement:

http://lifeofbrad.wordpress.com/2008/09/03/symantec-corporation-class-action-lawsuit-vs-a-lot-of-people/

Canadian Class Action Law

Morton’s Musings reports on a ruling by an Ontario court allowing a class action to proceed against the Canadian federal government for alleged negligence in allowing ”Mad Cow” disease to spread into the Canadian market from England:

http://jmortonmusings.blogspot.com/2008/09/mad-cow-class-action-gets-judges.html

Dipper Chick discusses the use of class actions as a tool by minority party candidates in Canada for seeking ballot and media access in elections:

http://dipperchick.blogspot.com/2008/09/dion-doesnt-get-to-bring-his-personal.html