“Court: Discriminate — with discretion”

Point of Law

• Stockholm Syndrome in the Nachsin v. AOL case
  The Center for Class Action Fairness filed its reply brief today in the Nachsin v. AOL appeal. The principal-agent problem does not just affect class action plaintiffs' attorneys enriching themselves at the expense of their putative clients. I see it... […]
  Ted Frank
• Doctors warn against trial lawyer tax break
  From the American Medical Association, "AMA, 90 Medical Organizations Oppose Tax Changes That Encourage More Lawsuits": WASHINGTON, D.C. - Opposing any changes to the tax code that would encourage trial attorneys to file more lawsuits and add to the overall... […]
  Carter Wood
• "New Breed of Patent Claim Bedevils Product Makers"
  The Federal Circuit's Tuesday ruling in Stauffer v. Brooks Brothers permits qui tam relators to sue over mismarked patents, even when they have not personally been injured; together with an earlier decision that the $500 fine for violating the statute... […]
  Ted Frank
• Impact of Oregon expansion of liability
  In 2009, Oregon Senate Bill 311 increased state agency liability caps from $500,000 to $3.2 million, and the cap will increase to $4 million by 2015. "In response, groups holding public events on state property are being required to carry... […]
  Ted Frank
• Around the web, September 1
  Iqbal/Twombly update: the Congressional threat to pleading standards. [Corporate Counsel] An example of those oh-so-valuable required disclosures about climate change risks. [Bainbridge] California courts continue to eat away at risk/benefit test. [Cal Biz Lit] Marlo Lewis isn't sanguine about the... […]
  Ted Frank