Litigation

Around the web, October 17

By Ted Frank

• Eleventh Circuit reverses itself in Cappuccitti v. DirecTV CAFA jurisdiction case. [Jackson; earlier @ POL]
• Outrageous conduct by plaintiffs' attorney in Fosamax trial held to merit a $2500 sanction and a reduction in $8M award, but court lets liability determination by same prejudiced jury stand. I've previously complained about this odd view of "passion or prejudice" by some judges that pretends a jury to impassioned to come up with a legitimate damages award was somehow rational when it decided liability. And I'm sure an attorney in line for a $500-600k contingency fee isn't too upset about a $2500 sanction when the violation of the court order made the jury verdict possible in the first place. [Drug and Device Law; NYLJ; Boles v. Merck & Co. (S.D.N.Y. 2010)]

• Against foreclosure moratoria. [Epstein]
• SOX restrictions make preliminary earnings estimates more inaccurate. [Ribstein @ TOTM]
• Summary judgment in Ford ignition-lock class action. [Wajert]
• "Cell phones cannot cause cancer, because they do not emit enough energy to break the molecular bonds inside cells." [Scientific American; earlier @ POL]

• Class action lawyers are going to try to get away with a $0 settlement by creating barriers to objecting. Unfortunately for them, I'm a class member. [CCAF]

Full post as published by Point of Law on October 17, 2010 (boomark / email).