Overlawyered » class actions http://overlawyered.com Chronicling the high cost of our legal system Mon, 31 Aug 2015 04:15:46 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.4 Supreme Court and constitutional law roundup http://overlawyered.com/2015/08/supreme-court-and-constitutional-law-roundup-4/ http://overlawyered.com/2015/08/supreme-court-and-constitutional-law-roundup-4/#comments Mon, 31 Aug 2015 04:05:23 +0000 http://overlawyered.com/?p=54624 New York Times suggests Justice Clarence Thomas’s opinions borrow too much language from briefs and lower courts. Orin Kerr on why that’s unfair; Prosecutors have too much leeway to request freeze on defendant’s assets pending trial [Ilya Shapiro, Cato] Certiorari petition arising from Newman/Chiasson prosecution: “Obama Administration Gambles On Supreme Court Review Of Insider-Trading Case” […]

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  • New York Times suggests Justice Clarence Thomas’s opinions borrow too much language from briefs and lower courts. Orin Kerr on why that’s unfair;
  • Prosecutors have too much leeway to request freeze on defendant’s assets pending trial [Ilya Shapiro, Cato]
  • Certiorari petition arising from Newman/Chiasson prosecution: “Obama Administration Gambles On Supreme Court Review Of Insider-Trading Case” [Daniel Fisher]
  • “Another Chance To Clean Up ‘Trial by Formula’ Class Actions” [Andrew Grossman/Cato, SCOTUSBlog on Tyson Foods v. Bouaphakeo]
  • “Bench Memos” to the barricades: National Review builds case for “resistance” to Supreme Court decisions” [my two cents on rhetoric likening Obergefell to Dred Scott]
  • Media firms including Time, Meredith, Advance, NPR jump into Spokeo case before high court, warn of Fair Credit Reporting Act litigation “quagmire” [Media Post]
  • After a tainted-food episode, managers convicted without a showing of mens rea? Egg case deserves a closer look [Ilya Shapiro, Cato]
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    “Lawyers smelling blood in wake of Ashley Madison hack” http://overlawyered.com/2015/08/lawyers-smelling-blood-in-wake-of-ashley-madison-hack/ http://overlawyered.com/2015/08/lawyers-smelling-blood-in-wake-of-ashley-madison-hack/#comments Tue, 25 Aug 2015 04:15:50 +0000 http://overlawyered.com/?p=54872 Anonymous hackers having exposed customer data from a much-hyped adultery website, “class-action attorneys are currently following the Ashley Madison blood trail in hopes of winning a monetary payday for themselves and the site’s millions of members. In the last week, the Rosen Law Firm of New York began an outright solicitation for Ashley Madison users […]

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    Anonymous hackers having exposed customer data from a much-hyped adultery website, “class-action attorneys are currently following the Ashley Madison blood trail in hopes of winning a monetary payday for themselves and the site’s millions of members. In the last week, the Rosen Law Firm of New York began an outright solicitation for Ashley Madison users to join a prospective privacy and consumer fraud suit against the Ashley Madison site.” [David Kravets, ArsTechnica]

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    Liability roundup http://overlawyered.com/2015/08/liability-roundup-11/ http://overlawyered.com/2015/08/liability-roundup-11/#comments Fri, 14 Aug 2015 04:05:43 +0000 http://overlawyered.com/?p=54686 Of course this exists [LivestockAccident.com] Eleventh Circuit: no, court can’t rely on professional association’s guidelines to exclude expert witness under Daubert [David Bernstein on Adams v. Lab Corp. of America, followup] “Why Can Plaintiffs Only Remember Solvent Defendants In Asbestos Cases?” [Abnormal Use, my two cents way back] “Predicting the future in tort law” [Kyle […]

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  • Of course this exists [LivestockAccident.com]
  • Eleventh Circuit: no, court can’t rely on professional association’s guidelines to exclude expert witness under Daubert [David Bernstein on Adams v. Lab Corp. of America, followup]
  • “Why Can Plaintiffs Only Remember Solvent Defendants In Asbestos Cases?” [Abnormal Use, my two cents way back]
  • “Predicting the future in tort law” [Kyle Graham]
  • “LA County’s Lead Paint Lawsuit Could Spell Disaster for Apartment Owners” [Apartment Association of Greater Los Angeles]
  • Chicago personal injury attorney will face privacy suit over solicitations based on police crash records [Chamber-backed Cook County Record]
  • No, it won’t: “Will HR 1927 Kill the Class Action?” [Andrew Trask/Class Strategist; Sean Wajert on House Judiciary action]
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    July 29 roundup http://overlawyered.com/2015/07/july-29-roundup-3/ http://overlawyered.com/2015/07/july-29-roundup-3/#comments Wed, 29 Jul 2015 04:05:29 +0000 http://overlawyered.com/?p=54075 Former NYT Peking correspondent Richard Bernstein, who now co-owns two nail salons, challenges Times blockbuster on prevalence of labor exploitation at NYC salons [New York Review of Books, Elizabeth Nolan Brown and followup, Times rebuttal. More: Bernstein rejoinder] More details on how studios used Mississippi attorney general’s office as cut-out against Google [Mike Masnick, TechDirt, […]

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  • Former NYT Peking correspondent Richard Bernstein, who now co-owns two nail salons, challenges Times blockbuster on prevalence of labor exploitation at NYC salons [New York Review of Books, Elizabeth Nolan Brown and followup, Times rebuttal. More: Bernstein rejoinder]
  • More details on how studios used Mississippi attorney general’s office as cut-out against Google [Mike Masnick, TechDirt, earlier here and here, more on AG Jim Hood]
  • Of course licensing laws “are only there to protect consumers and are enforced in a totally neutral way that has nothing to do with viewpoints or political pull (lol).” [Coyote on Boston mayor’s “not welcome in our town” message to Donald Trump]
  • Speaking of Donald Trump, would his lawyer threaten litigation to intimidate reporter Tim Mak? Only in a totally classy way [Daily Beast, S.E. Cupp/New York Daily News (Cohen, 2011: “I’m going to come at you, grab you by the neck and I’m not going to let you go until I’m finished”), earlier from the vaults on Trump’s use of litigation]
  • Things class-action lawyers sue over: “Beggin’ Strips Don’t Have Enough Bacon” [Reuters, New York Post]
  • As Lois Lerner targeting scandal drags on, time for Congress to impeach IRS officials? [Mike Rappaport, Liberty and Law]
  • Welcome to AFFH-land: Bharara, on behalf of feds, says Westchester County should pay for not squeezing Chappaqua hard enough to approve housing project [Journal-News, earlier here and here]
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    Liability roundup http://overlawyered.com/2015/05/liability-roundup-9/ http://overlawyered.com/2015/05/liability-roundup-9/#comments Fri, 29 May 2015 04:05:24 +0000 http://overlawyered.com/?p=53314 Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law] With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law] Per Norton Rose Fulbright annual business survey, responding companies more […]

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  • Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law]
  • With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law]
  • Per Norton Rose Fulbright annual business survey, responding companies more than twice as likely to be facing five or more lawsuits if based in U.S. than if based elsewhere [Norton Rose Fulbright, Bob Dorigo Jones]
  • “Hearing: H.R. 1927, the “Fairness in Class Action Litigation Act of 2015″ [April House Judiciary Committee with John Beisner, Mark Behrens, Alexandra Lahav, Andrew Trask]
  • Legal outlook for Illinois defendants deteriorates as Madison County sees resurgence in suits and Cook County remains itself [ICJL]
  • Brown v. Nucor Corp.: did Fourth Circuit just try to gut Wal-Mart v. Dukes rules against combining bias plaintiffs in dissimilar situations into class action? [Hans Bader/Examiner, Derek Stikeleather/Maryland Appellate Blog]
  • No wonder New York City consolidation trials are so popular with asbestos lawyers if they yield average of $24 million per plaintiff [Chamber-backed Legal NewsLine] Information in eye-opening Garlock asbestos bankruptcy (allegations of perjury, witness-coaching, etc.) now unsealed and online [same, earlier]
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    Suit: United didn’t say wi-fi based services wouldn’t work offshore http://overlawyered.com/2015/05/suit-united-didnt-say-wi-fi-based-services-wouldnt-work-offshore/ http://overlawyered.com/2015/05/suit-united-didnt-say-wi-fi-based-services-wouldnt-work-offshore/#comments Sat, 16 May 2015 13:05:49 +0000 http://overlawyered.com/?p=53161 The named plaintiff in a class-action suit, a New Jersey woman, paid $7.99 for in-flight DirecTV on a trip from Puerto Rico but could use only ten minutes of it because the flight was mostly over water, where the signals don’t reach. Her lawyers are suing United Airlines over its alleged failure to “disclose that […]

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    The named plaintiff in a class-action suit, a New Jersey woman, paid $7.99 for in-flight DirecTV on a trip from Puerto Rico but could use only ten minutes of it because the flight was mostly over water, where the signals don’t reach. Her lawyers are suing United Airlines over its alleged failure to “disclose that the services will not work as advertised when the aircraft is outside the continental United States or is over water” and want to represent a class of all DirecTV or wi-fi users who might have been affected. [Road Warrior Voices]

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    “Blue Moon sued over ‘craft beer’ claims” http://overlawyered.com/2015/05/blue-moon-sued-over-craft-beer-claims/ http://overlawyered.com/2015/05/blue-moon-sued-over-craft-beer-claims/#comments Fri, 08 May 2015 04:15:56 +0000 http://overlawyered.com/?p=53022 “A few years ago, California resident and beer aficionado Evan Parent learned that Blue Moon was actually made by MillerCoors.” He’s signed up as a named plaintiff in a class action lawsuit saying the brew shouldn’t have been labeled a craft beer given its maker and the volume of its production. A beverage lawyer says […]

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    “A few years ago, California resident and beer aficionado Evan Parent learned that Blue Moon was actually made by MillerCoors.” He’s signed up as a named plaintiff in a class action lawsuit saying the brew shouldn’t have been labeled a craft beer given its maker and the volume of its production. A beverage lawyer says there is no standard for what counts as a craft beer. [Washington Examiner]

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    Proposals to change class action procedure are out… http://overlawyered.com/2015/04/proposals-to-change-class-action-procedure-are-out/ http://overlawyered.com/2015/04/proposals-to-change-class-action-procedure-are-out/#comments Wed, 29 Apr 2015 14:50:17 +0000 http://overlawyered.com/?p=52868 …”and they’re not good” reports Andrew Trask, who has been writing for months about some of the issues at stake before the Rule 23 advisory committee (settlements, merits inquiry, etc.) More: Paul Karlsgodt, James Beck on ascertainability. Tags: class action settlements, class actions, cy pres, procedure

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    …”and they’re not good” reports Andrew Trask, who has been writing for months about some of the issues at stake before the Rule 23 advisory committee (settlements, merits inquiry, etc.) More: Paul Karlsgodt, James Beck on ascertainability.

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    April 28 roundup http://overlawyered.com/2015/04/april-28-roundup-2/ http://overlawyered.com/2015/04/april-28-roundup-2/#comments Tue, 28 Apr 2015 04:05:11 +0000 http://overlawyered.com/?p=52346 “The makers of smokeless tobacco products like to claim that their products are safer than cigarettes.” Hey, New York Times, that’s ’cause it’s true! [Jacob Sullum] New York Attorney General Eric Schneiderman pursues high-profile case against Standard & Poor’s, accepts $50K contribution from CEO of another credit rating firm [Richard Pollock/Daily Caller, some background] Megan […]

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  • “The makers of smokeless tobacco products like to claim that their products are safer than cigarettes.” Hey, New York Times, that’s ’cause it’s true! [Jacob Sullum]
  • New York Attorney General Eric Schneiderman pursues high-profile case against Standard & Poor’s, accepts $50K contribution from CEO of another credit rating firm [Richard Pollock/Daily Caller, some background]
  • Megan McArdle on child support and the difficulty of replacing social norms with law [Bloomberg View, my recent Cato post and podcast]
  • “Wisconsin Chief Justice Shirley Abrahamson should drop her lawsuit” [Milwaukee Journal Sentinel editorial, earlier; AP (federal judge declines to block law’s implementation while suit is pending)]
  • CVS opposes certification of securities class action, saying government pension managers filing it were influenced by political donations from plaintiff’s law firm [Law360, reg]
  • “Has Conley v. Gibson really been overruled? (And did the Fourth Circuit just tee up the next big SCOTUS case on pleading?)” [Adam Steinman, Civil Procedure Blog, arguing from premises different from mine, on Fourth Circuit’s decision in McCleary-Evans v. Maryland Department of Transportation]
  • The Maryland knife law angle in the Freddie Gray story [Patrik Jonsson, Christian Science Monitor; my post at Free State Notes]
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    LinkedIn dodges a legal bullet http://overlawyered.com/2015/04/linkedin-dodges-a-legal-bullet/ http://overlawyered.com/2015/04/linkedin-dodges-a-legal-bullet/#comments Sun, 19 Apr 2015 18:01:42 +0000 http://overlawyered.com/?p=52658 Sorry, class action lawyers, but LinkedIn’s “References Searches” function does not constitute a consumer credit reporting agency [ESRCheck] Tags: class actions, debtor-creditor law, social media

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    Sorry, class action lawyers, but LinkedIn’s “References Searches” function does not constitute a consumer credit reporting agency [ESRCheck]

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