With a million dollars of attorneys’ fees at stake, the trial lawyers in the infamous Grand Theft Auto case appealed the lower court decertification ruling to the Second Circuit.
In response, I filed this brief today.
Posts Tagged ‘class actions’
Getting your ducks in a row
Before asking a federal judge to grant preliminary approval for a class action settlement with Ameritrade over alleged privacy breaches, make sure that your “client,” the class representative, isn’t going to tell the court he opposes the settlement. In re TD Ameritrade Account Holder Litigation, Case No. C 07-2852 VRW (N.D. Cal.) ($1.87M for the attorneys, coupons for the class.).
Bluetooth class action update; new blog
Those of you who remember my earlier posts about the settlement and my brief on behalf of objectors might be interested in seeing the briefs that putatively settling plaintiffs and defendants submitted in support of the settlement.
So as not to clutter Overlawyered with these posts, I have started a new weblog focusing on my class action work. You can also keep up with this work by becoming a Facebook supporter of the Center for Class Action Fairness.
“Pair sue KFC after failing to get free meal promoted by Oprah”
A rain check on KFC’s hugely popular grilled-chicken offer isn’t good enough, say the class-action-seekers. [L.A. Times/Chicago Tribune via Obscure Store, WSJ Law Blog]
Oops dept.
The lead plaintiff in Alli v. Decker, an ACLU-led class action lawsuit aimed at preventing the deportation of various aliens who commit crimes, turns out to be a conman who played a role in a huge Nigerian-led identity theft scam. Reports the Times:
The news media campaign was all set to go. There was even a Web site ready with a sympathetic profile of Alexander Alli, 49, the man the American Civil Liberties Union had chosen as the lead plaintiff …Court documents tell the story of Mr. Alli’s life before his fall as a familiar tale of immigrant pluck, luck and hard work.
Well, yes, court documents prepared by his lawyers would tend to do that, while tending to downplay or omit the massive identity theft operation in which Mr. Alli was a participant, which extracted more than $50 million by impersonating and victimizing some 30,000 credit card holders: he “admitted to being personally responsible for $70,000 to $120,000 of the multimillion-dollar losses to banks and credit card companies”. Start deporting people like that, and where is our next generation of scam artists supposed to come from? [New York Times, Patrick at Popehat]
Match.com: your inactive profiles are breaking hearts
Sean McGinn of Brooklyn, and lawyers seeking class-action status, say Match.com left canceled profiles up, resulting in “humiliation and disappointment” suffered by paying members who sent love-struck missives to the old accounts. [New York Post, Obscure Store, Eric Turkewitz, Above the Law]
“Fruity” cereal class actions, cont’d
Matthew Heller at On Point News fills in considerable background regarding the “Crunchberries” and “Froot Loops” lawsuits covered earlier in this space.
“Crunchberries” lawsuit, cont’d
Now it’s hit the big blogs: Boing Boing, Althouse, Volokh. RiskProf picks his favorite BoingBoing comments. And at our earlier post, Hal Hewell of Hewell Law Firm, which filed the suit, writes in comments that neither the plaintiff “nor her first amended complaint stated that she believed ‘crunchberries’ was a real fruit,” and I respond.
Bluetooth Headset Settlement Update
Readers may recall our discussion of the Bluetooth Headset class action settlement, which remarkably granted zero to the class while asking for substantial attorneys’ fees. I asked if anyone was interested in objecting, and the response was overwhelming. Today I’ve filed an objection on behalf of seven clients.
There were more objectors out there than I could feasibly represent. If you wanted to object, but I was unable to represent you, you can still join this objection. Follow the instructions for notifying the court and attorneys of your objection, and simply state, in addition to your name and address and phone number, that you join the objection of William J. Brennan et al., docket number 107. I won’t be your attorney, but you can have the pleasure of “voting” for the objection I wrote.
And anyone in Los Angeles July 6 who wants to watch the hearing, please join in the fun. I’ve got my plane ticket.
The rise and fall of Gene Cauley
Who would have dreamed that a protege of Bill Lerach would wind up later copping to a felony rap resulting from ethical infractions? (Wait, don’t answer.)
At a barbershop in 1994, [Cauley] says, he picked up Forbes magazine and saw a profile of Lerach; it was the famous article, where the attorney was quoted as saying, “I have the greatest practice . . . I have no clients.”
Cauley approached Lerach and was soon launched in a thriving class action practice (“His usual way to deal with things was to yell and bang things and threaten,” said a fellow plaintiffs lawyer, Glen DeValerio of Boston.) It came crashing down under revelations that the Little Rock, Ark.-based lawyer took $9 million from clients’ settlements to spend on firm overhead and unrelated investments. [Koppel/WSJ, ABA Journal, interview-based WSJ Law Blog story first, second]