After years in the class action defense bar, I’ve learned that few things will get the average non-lawyer to think I’m doing God’s work more than talking about class action attorneys’ fees. The general consensus is that while all lawyers … Continue Reading
I saw my first copyrighted class action complaint more than a decade ago. It seemed odd even then. The reason for the copyright was clear, even to a new lawyer like myself: it was to deter copycat class actions, where … Continue Reading
Earlier this year, Professor Arthur Miller published a summary of developments in civil procedure over the last several years, entitled Simplified Pleading, Meaningful Days in Court, and Trials on the Merits: Reflections on the Deformation of Federal Procedure.
Professor … Continue Reading
Two plaintiffs’ firms filed nearly identical class actions against a dietary supplement company, alleging that one of its weight loss supplement didn’t work. The cases were filed within two weeks of each other, one in federal court (Branca v. … Continue Reading
This week, the class action bar and legal blogs have been abuzz with the news that famed plaintiffs’ lawyer Stanley Chesley has been disbarred by the Kentucky Supreme Court, a development that will likely lead to his disbarment in … Continue Reading
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 former employer, alleging that he … Continue Reading
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 perfectly unremarkable development, it was appointed co-lead … Continue Reading
There is a common perception in complex litigation (not to mention litigation generally) that time favors the defendant. Defendants often counsel clients not to react too quickly: situations that may provoke a fight-or-flight response in the moment often present more … Continue Reading
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 opportunities, keeping a diversified … Continue Reading
During the latter half of 2011, I was privy to the following exchange between a well-known law professor and a well-known practitioner:
PROFESSOR: Yes, I wrote a piece which concluded that the class action is dead. You heard it here.