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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: plaintiffology

The Cost-Conscious Plaintiff

Posted in Scholarship

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 overcharge their clients, class action lawyers do it more–and more spectacularly–than most. And that’s why… Continue Reading

Copyright and Class Action Complaints

Posted in Motions Practice

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 the new plaintiff just files the same complaint his rival wrote. (Plaintiffs’ greatest adversaries are… Continue Reading

Reverse Auctions, Motions to Stay, and Legal Realism: Branca v. Iovate Health Sciences USA, Inc.

Posted in Motions Practice

 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. Iovate Health Sciences USA, Inc.), and one in California state court (Garcia v. Iovate Health Sciences… Continue Reading

Adequacy of Counsel, Attorneys’ Fees, and Malpractice – Wyly v Weiss

Posted in Lawyers

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 counsel of the consolidated class. (Various firms had filed a total of eleven complaints.) Over… Continue Reading

Time and Complex Litigation – Why Do Plaintiffs Hate Delays So Much?

Posted in Strategy

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 strategic opportunities as they unfold. And plaintiffs tend to agree; they often complain that defendants’… Continue Reading

The Cause Lawyer and the Class Action

Posted in Lawyers, Settlement

 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 portfolio and working to maximize the profit from each opportunity. But there is another kind of… Continue Reading

The Ten Most Interesting Class Action Articles of 2011

Posted in Strategy

 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. PRACTITIONER: And yet plaintiffs keep filing the things … That exchange (which I promise actually… Continue Reading