The New York Sun, on a roll recently, digs deeper into that controversial cosmetics-giveaway class action settlement being aired before an Oakland federal judge (see Apr. 14 of this year and Jul. 21, 2003). According to a declaration filed last week by San Francisco attorney Francis Scarpulla, “Plaintiffs’ counsel consulted with a litigation-risk expert, who, after carefully reviewing all aspects of this case, opined that if plaintiffs’ counsel tried the case 100 times, they would win only seven times”. Harvard law prof David Rosenberg describes the case as having “little merit”. (Josh Gerstein, “The Case of the Cosmetics Giveaway”, New York Sun, May 17). Update Dec. 3: settlement OK’d; Mar. 14, 2005: judge approves settlement.
A 7 percent chance of winning
The New York Sun, on a roll recently, digs deeper into that controversial cosmetics-giveaway class action settlement being aired before an Oakland federal judge (see Apr. 14 of this year and Jul. 21, 2003). According to a declaration filed last week by San Francisco attorney Francis Scarpulla, “Plaintiffs’ counsel consulted with a litigation-risk expert, who, […]
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