Class Action

ABA Journal Seeks Help with Legal Job Market Survey

Posted on November 18, 2008
I don’t have time for a full entry this evening because I’m off to the Sixth Annual Judicial Excellence in Colorado Dinner this evening, where my friend and role model, Denver County Court Judge Alfred C. Harrell, is among the honorees. However, the ABA Journal sent the following request to blawgers signed up on its Blawg Directory today, [...

Class Action Exposure for Failing to Claim Benefits in a Class Action Settlement?

Posted on November 17, 2008
According to Sundeep Tucker of the Financial Times, a recent study by the Goal Group, a UK-based “class action services specialist,” found that Asian institutional investors were not taking advantage of settlement funds available in U.S. securities class action settlements...

Collective Suit Filed over Tainted Milk in China After All

Posted on November 14, 2008
Chinese lawyers have decided to pursue a collective action against the government-owned manufacturer of milk that sickened tens of thousands of people earlier this fall.  As discussed in this October 1, 2008 ClassActionBlawg entry, victims and their lawyers were slow to turn to the courts for redress due at least in part to pressure from government officials that pursue redress through [...

Class Action Blogosphere Weekly Review

Posted on November 13, 2008
Here are some blog posts from the (2) weeks that were that might be of interest to class action practitioners: Responses to the October 29 CABWR ?Lay Down the Gauntlet? Challenge of the Week Many thanks to Walter Olson at Point of Law for posting a link to the “Lay Down the Gauntlet” Challenge of the Week from the last [...

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California Labor Law?s Extraterritorial Reach

Posted on November 13, 2008
Baker Hostetler’s Employment and Labor Group issued an Executive Alert today on the Ninth Circuit Court of Appeals’ wage and hour decision in Sullivan et al. v. Oracle Corporation, (case no. 06-56649), where the court found that California state overtime rules apply to non-residents who perform work in California...

CBA Class Actions Subsection to Hold CLE Program on Class Arbitration

Posted on November 12, 2008
I’m pleased to report that the Colorado Bar Association Class Action, Derivative Suits, and Mass Torts Subsection has scheduled its Fall 2008 CLE Luncheon for December 16.  Dirk de Roos of Faegre & Benson will speak on class arbitration waivers and O...

Rare Class Trial Results in Verdict for Retired NFL Players

Posted on November 11, 2008
Here is a quick update to a class-action-related story that you may have been following over the past few months. (See CABWR entries dated September 9 and October 15).  According to an AP article published in the San Fransisco Chronicle and various other sources, a federal jury in San Fransisco has rendered a verdict in favor of a [...

Notes from the 12th Annual National Institute on Class Actions

Posted on November 08, 2008
As promised, here are some highlights of my notes from Friday’s 12th Annual National Institute on Class Actions: What are the Hot Trends in Class Actions? Following an introduction from Tydings & Rosenberg partner and National Institute on Class Actions founder and John B...

No Class Certification in Hepatitis C Exposure Case

Posted on November 06, 2008
A Nevada state court judge has denied class certification in a lawsuit filed by endoscopy patients who sought damages for emotional distress after being exposed, although not infected, to the blood-borne illness hepatitis C by a health clinic that used contaminated medication...

Class Action Blogosphere Weekly Review Will Be Back Next Week

Posted on November 06, 2008
My apologies for not posting this notice sooner, but I will not be doing a Class Action Blogosphere Weekly Review this week.  I am in New York for the 12th Annual ABA National Institute on Class Actions.  I’ll be posting a summary of some of the news, tips, and trends discussed during the conference for [...

Time Out for a Little Flag Waving

Posted on November 05, 2008
Forgive the overly sentimental, off-topic diversion, but I couldn’t let this night go by without commenting on how proud this evening’s events have made me to be an American and renewed my faith in our political system and our people. Both candidates showed the characteristics that we should always be lucky to see in our choices for President...

Debate Continues over Controversial Korean Class Action Law

Posted on November 03, 2008
Anyone who thinks that class actions are only good for allowing the powerless to take on the powerful, think again.  In Korea, some argue that the opposite is happening.  The Korea Times published an update today on a story involving a law that the ruling party is looking to enact to combat acts of protest...

Class Action Blogosphere Weekly Review

Posted on October 30, 2008
Class Action Blogosphere Weekly Review’s “Lay Down the Gauntlet” Challenge of the Week I know this is going to make me sound like Ayn Rand, but why would we possibly want to encourage a public policy that imposes liability on employers for failing to force all of their hourly employees not to work during meal and rest breaks? I sense that there [...

CABWR Addendum ? Spam Class Actions

Posted on October 30, 2008
In my haste in getting the CABWR out yesterday, I omitted a couple of interesting class-action-related posts from Spam Notes.  For those of you on the email distribution list, hopefully you’ll see the humor in getting spam about spam: http://spamnotes...

Second Circuit Unwilling to Reject ?Foreign Cubed? Class Actions Categorically

Posted on October 28, 2008
For those interested in the internationalization of class action law, be sure to read the Second Circuit’s decision in Morrison v. National Australia Bank Ltd., 2008 WL 4660742 (2d Cir. Oct. 23, 2008).  (Thanks to  The 10b-5 Daily and Point of Law for tipping me off to the decision)...

Robin Hood as a Lawyer?s Role Model

Posted on October 27, 2008
AP writer Greg Risling reported today on the sentencing of former Milberg Weiss partners Steven Schulman and David Bershad for their roles in a scheme involving the payment of kickbacks to plaintiffs in securities class actions.  Both lawyers were sentenced to six month prison terms...

The Perfect Video Game for Anyone Fed Up with Class Action Lawyers

Posted on October 24, 2008
I shouldn’t encourage this, but I just couldn’t resist.  OTS Software offers a free game called “Class Action Killers,” which it describes as follows: Class Action Killers is a 3D 3rd-person shooter game. Attorney Max Fees has dispatched his lethal lawyers to destroy the city...

Class Action Blogosphere Weekly Review

Posted on October 23, 2008
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Art? In one of the more original class action-related blog postings ever featured in the CABWR, Artist Izhar Cohen has created a graphic description of an Israeli court’s recent class action ruling in a case filed against [...

Politics and Class Action Reform

Posted on October 20, 2008
This evening, I came across an excellent blog article by David J. Sales, a trial lawyer with the Florida personal injury firm, Searcy Denney.  His article discusses Democratic Presidential candidate Barack Obama’s vote in favor of the Class Action Fairness Act of 2005 and the significance of that vote in demonstrating an independent streak, allowing him to counter John McCain’s claim to being the [...

Will UK Damages Ruling Put a Damper on Collective Action Reform?

Posted on October 16, 2008
Efforts to expand access to collective redress in the UK have been the subject of several recent entries here at ClassActionBlawg (see these entries dated October 9, September 1, and August 28).  According to an article published today in the Times Online, a British appellate court has dealt a setback to reformers by rejecting theories of damages considered [...

?Not Enough Class Action Suits?

Posted on October 15, 2008
The Jerusalem Times published an interesting op-ed article today praising a Tel Aviv court’s decision in a consumer class action.  The case arose out of allegations that the defendant had knowingly used a carcinogenic silicon compound to line its milk cartons...

Who?s Reading?

Posted on October 15, 2008
WordPress has added a nift new polling feature, so I thought I’d try it out.  Let’s find out who’s reading ClassActionBlawg.  Please click all options that apply.       

Class Action Blogosphere Weekly Review

Posted on October 15, 2008
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action Blog Post Title of the Week CAFA Law Blog’s entries often make me chuckle, but here is one that had me rolling for some reason (probably lack of sleep due to late night blogging): “Plaintiff Gets [...

Trends in Subprime Crisis Class Action Litigation

Posted on October 13, 2008
Magnified by the most recent credit crisis, subprime mortgage litigation continues to be a hot topic among those following developments in class actions.  Peter Page of the National Law Journal authored an interesting article, published today, discussing the most recent wave of lawsuits stemming from the ugly recent turn in the subprime mortgage crisis...

Class Action Blogosphere Weekly Review

Posted on October 09, 2008
Here are some blog entries from the week that was that might be of interest to class action practitioners: Class Action-Related Post of the Week Rebecca Tushnet’s 43(B)log provides a nice overview of a Massachusetts federal court’s decision to certify two multi-state subclasses of consumers in a case against pharmaceutical companies for allegedly inflating the Average Wholesale Prices (AWPs), used in establishing reimbursement schedules under [...

Does an Opt-Out Collective Action Scheme Spell Doom for Businesses in the UK?

Posted on October 09, 2008
Fullbright & Jaworski International attorneys Antony Corsi and Ian Pegram authored an article published yesterday in the Times Online discussing whether proposed opt-out collective action procedures are likely to lead to huge increases in litigation costs for companies doing business in the UK and due to a rash of frivolous class actions...

Pair of Upcoming CLE Programs to Focus on International Group Litigation Issues

Posted on October 08, 2008
If you’re interested in following international developments in class action law, there are a couple of upcoming ABA CLE programs that might be of interest.  Unfortunately, the are both scheduled for the same weekend, so you’ll have to choose: The 12th Annual National Institute on Class Actions is scheduled for November 7 at the New York Marriott [...

Governmental Immunity from Negligence Claims an Issue in Recent U.S. and Canadian Class Action Rulings

Posted on October 06, 2008
Class action suits against governmental agencies in the U.S. and Canada for alleged negligence saw mixed results in a pair of recent rulings this past week, with a favorable ruling for the plaintiffs from a federal trial court in Louisiana and a ruling for the government by an appellate court in Ontario...

Class Action Blogosphere Weekly Review

Posted on October 02, 2008
A bout of the stomach flu delayed this week’s CABWR, but better late than never.  Here are some blog entries from the week that was (plus a few days) that might be of interest to class action practitioners: Class Action-Related Post of the Week This entry from Wage Law about a conversation overheard between two judges in a coffee [...

Tainted Milk Case Excentuates Differences Between Chinese and American Tort Law

Posted on October 01, 2008
The Christian Science Monitor published an interesting article on September 22 exploring the reasons why the scandal involving melanine-tainted milk that has killed at least four children and sickened tens of thousands more in China has not resulted in the flood of litigation that the incident would have caused in the United States...

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