Classic Scholarship – Class Action Extraction
(I’m recovering from a cold, and on deadline for a book, so my apologies that this post is a little late and a little short.) Today’s piece of "classic scholarship" was published in Public Choice in...
View ArticleClassic Scholarship – Class Action Cops
For the last six or seven years, a growing academic literature has put forward the argument that the primary justification for class actions is not to compensate absent class members, but to deter...
View ArticleThe Cause Lawyer and the Class Action
I’ve spent a lot of time over the last two years poking (as best I can) into the head of the entrepreneurial plaintiff’s lawyer. That is, the plaintiff’s lawyer that treats her lawsuits like business...
View ArticleDewey Lebeouf, Grand Strategy, and Bad Strategy
For the last three months, much of the law-firm world has been watching the slow-motion train wreck that was the dissolution of Dewey & LeBeouf. The legal blogosphere has written a lot about what...
View ArticleAdequacy of Counsel, Attorneys’ Fees, and Malpractice – Wyly v Weiss
In 1998, the class action plaintiffs’ firm Milberg Weiss filed sued Computer Associates for violating the federal securities laws by lying about its revenues in order to increase its stock price. In a...
View ArticleWhat King v. Hausfeld tells us about the business of plaintiffs’ lawyers.
So the small corner of the legal world that includes class action lawyers is up in arms this week because Jon King, formerly of Hausfeld LLP, has filed a wrongful termination complaint against his...
View ArticleA Review of Year-End Reviews
For many, the start of a new year is not just a time to look ahead, but also a nice landmark for looking back. So it is with class-action litigators. In the past month, there have been at least four...
View ArticleThe Supreme Court is Also Coming for Judge Baer
In what is rapidly becoming a trend, the Supreme Court denied certiorari in yet another class action (this time Martin v. Blessing, but one Justice wrote an accompanying opinion to signal where the...
View ArticleFederal Circuit Courts’ Differing Interpretations of Scope and Application of...
In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Supreme Court held that Article III requires plaintiffs to establish a “concrete and particularized” injury-in-fact, “even in the context of a...
View ArticleFive Takeaways from the Duke Conference on Class Action Settlements
A few weeks ago, the Duke Law Center for Judicial Studies held a conference on class action settlements in San Diego, to discuss best practices in the wake of the likely Rule 23 amendments. Like all of...
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