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class action settlements

Some things about the nationwide settlement — including a prospective $3.75-million attorneys’ fee for prosecuting a “truly BS claim” against the maker of the chocolate-nut spread over nutritional disclosures — stick in Russell Jackson’s craw. He doesn’t care for the separate, California-specific scoopful either (earlier here, etc.)

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January 18 roundup

by Walter Olson on January 18, 2012

  • A federal fishing raid, the Pew Charitable Trusts and a biased Business Week account [Nils Stolpe on Gloucester, Mass. fisheries, via Stoll]
  • Intimidating the judiciary? “Group Opposing Citizens United Pushes ‘Occupy the Courts’ Protest” Jan. 20 [Debra Cassens Weiss, ABA Journal] Mob rallies at Michigan governor’s private home [Meegan Holland, MLive] “Occupy” forces Gingrich to cancel event [Daily Caller] Earlier here, here, here, etc.
  • “Paper Airplane? Late for School? Shouting Too Loud? You’re Under Arrest!” [Free-Range Kids, Texas]
  • Spielberg in “Raiders of the Lost Ark” paid homage to earlier movie sequences without sweating permissions. Oh, for those days [Joho] “Cultural gems that should be in the public domain today” [Atlantic Wire, Tabarrok]
  • UPS settlement exaggerates benefits to class members [Ted Frank; related, CCAF] “Federal Judges Have Harsh Words, Rulings for Class Action Plaintiffs’ Lawyers” [Lammi/WLF]
  • “Justice Breyer Calls Recusal Controversy a ‘Non-Issue’” [ABA Journal]
  • “Add Plaintiff-Lawyer Fees To The Cost Of Most Mergers” [Daniel Fisher, Forbes on Cornerstone Research report]

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A much-linked L.A. Times account seemed somehow “off,” and George Wallace now explains why.

December 30 roundup

by Walter Olson on December 30, 2011

At Paid Content, Jeff Roberts reports that Wal-Mart may have found a clever way to pitch its services at Netflix’s streaming subscribers, namely by settling a class action lawsuit to which they are party:

A federal court in California late last week approved a class-action settlement that requires Wal-Mart to pay out $27.5 million. But here’s the key element of the ruling: Wal-Mart will be allowed to pay the 40 million Netflix subscribers in the form of gift cards for Wal-Mart.com—where there is prominent advertising for Vudu, which rents and sells movies a la carte.

The court ruling is a blow to Netflix, which had earlier blasted the settlement as “the equivalent of a marketing campaign that costs Walmart only 68 cents per potential customer.”

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August 30 roundup

by Walter Olson on August 30, 2011

  • “He coulda been a credenza”: actor’s estate sues over unauthorized “Brando” furniture line [The Daily via Balko] “Motorcycle Gang Sues Over ‘My Boyfriend’s A Hell’s Angel’ T-Shirt” [CBS-LA]
  • EEOC decries employer discrimination on the basis of applicants’ criminal records, recommends curbing background checks [WSJ Law Blog, FastCasual, Hyman, Greenfield] Bill in San Francisco would make felons a protected class in jobs, housing [Fox]
  • Why are Obama officials intent on reducing due process protections for those accused of campus sexual misconduct? [Silverglate, WSJ; Philadelphia Magazine, Samantha Harris/NY Post, Ciamarella, Daily Caller (AAUP objects to plan); links at SAVE] A contrasting view [Roderick Hills, Prawfsblawg]
  • 9th Circuit rejects Bluetooth class action settlement to which Ted Frank’s CCAF objected [Fisher, NLJ, Frank]
  • Lawyer who represents jogger in product liability suit expects to file more actions claiming Skechers sneakers responsible for falls [BLT]
  • Part of a balanced breakfast: “Why the lawsuit against Nutella is bunk” [Nadia Arumugam, Slate] Update: Judge denies motion to dismiss [Russell Jackson]
  • Experts agree it’s OK to nominate Overlawyered for an ABA “100 Best Legal Blogs” slot here.

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August 12 roundup

by Walter Olson on August 12, 2011

  • More reviews of Schools for Misrule: Counterpoint (U. of Chicago), Wilson Trivino at PurePolitics.com;
  • “Cops Collar 12 Year Old for “Walking Alone” in Downtown Toronto” [Free-Range Kids] Cop tells mom kids under ten “by law are not allowed outside unsupervised except in their parents’ yard.” [western Maryland, same]
  • As lawmakers seek budget cuts, school finance litigators are on the march to counter their plans [WSJ Law Blog]
  • Wouldn’t waive regs: “U.S. blocks $1 million Italian supercar” [CNN Money]
  • You see, entrepreneurial suit-filing does create jobs: “Hike in Wage-and-Hour Litigation Spurs Demand for Calif. Employment Law Associates” [ABA Journal] How U.S. Congress devastated American Samoa through minimum wage hikes [Mark Perry]
  • CCAF objects in Sirius class action settlement [PoL, earlier]
  • “The Phantom Menace of Sleep Deprived Doctors” [Darshak Sanghavi, NY Times Magazine]

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Kellogg is paying several million dollars to settle a class action lawsuit over the marketing of Rice Krispies; according to Ted Frank, the attorneys are asking for $1.3 million while their client class is getting less than that. [Point of Law, more]

July 12 roundup

by Walter Olson on July 12, 2011

  • Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here]
  • Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe]
  • Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion;
  • “Wrongful Convictions: How many innocent Americans are behind bars?” [Balko]
  • “Persaud identified himself as a juror, offering to fix the verdict for a fee.” [CBS NY; Long Island med-mal case]
  • “Is the Common Law the Solution to Pollution?” [Jonathan Adler, PERC]
  • “Rice Krispies class action settlement” [Ted Frank]

Lawyers expect major benefits from the settlement of a suit against the satellite-radio service, though class members won’t be getting cash [Blessing v. Sirius XM Radio Settlement Site]

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Its terms are fluffy and very fee-absorbent [Russell Jackson]

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There was weirdly little resistance when a scamster named Kevin Waltzer and his associates posed as investors and defrauded three securities class action settlement funds of more than $40 million. How about better verification mechanisms? [Trask, Trentonian]

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Ted Frank’s class action settlement reform group, the Center for Class Action Fairness, has announced “multiple victories” in ongoing cases arising from settlements by Apple, Classmates.com, Toyota, HP, and gasoline retailers. Among the topics addressed in objection: exaggeration of benefits supposedly provided for the class, excessive attorney fees, and diversion of proceeds to groups unrelated to the class. Details here.

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Comment of the day

by Walter Olson on April 26, 2011

By Scott Jacobs, on a guest post by Aaron Worthing (regarding class actions over Apple device location tracking) at Patterico:

How the hell is it that I didn’t have Overlawyered bookmarked?

How, indeed?

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Ted Frank, who’s challenging the Cobell (Indian trust) class action fees as part of his work with the Center for Class Action Fairness, catches out a lawyer who claims to have worked for more than nine hours a day on the case for 14 years, including a 7-year stretch in which he purportedly worked “an average of eleven hours a day, every day seven days a week without a single day off.” [Above the Law, earlier]

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April 14 roundup

by Walter Olson on April 14, 2011

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April 6 roundup

by Walter Olson on April 6, 2011

  • Lack of defect poses problem for plaintiff: Toyota prevails in first acceleration case [NLJ]
  • Australia: writer Andrew Bolt on trial for alleged racially disparaging columns [Herald Sun, Crikey, The Age]
  • “Attorneys Put Themselves Before Consumers in Class Action over Faulty Computer Chip” [CJAC, Frank/CCAF on NVidia case]
  • Ruling by Federal Circuit is thinning out rush of patent marking cases [Qualters, NLJ, earlier]
  • Podcast: Lester Brickman and “Lawyer Barons” [PoL, earlier here and here]
  • “Are class actions unconstitutional?” [Lahav, Mass Tort Lit, on Martin Redish book]
  • “Free speech belongs on campuses too” [Ilya Shapiro, Cato, on Widener case, with kind mention of Schools for Misrule]
  • King Canute turns attention to dry land: states mull bills to forbid use of distressed properties as appraisal comps [Funnell]

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“[B]efore founding partner Henry ‘Hank’ Adorno was suspended for his handling of a $7 million class action settlement[, the] Florida law firm was once the nation’s largest certified minority-owned firm.” [ABA Journal] Our earlier coverage of the Miami fire-fee scandal (“A case of unchecked avarice coupled with a total absence of shame,” wrote one judge) is here, here, here, here, and here.