Law, Strategy, and Risk in Commercial Disputes
Seven hopefuls for pre-trial transfer will hit the argument calendar for the U.S. Judicial Panel on Multidistrict Litigation this Thursday at the Duke University School of Law in Durham, North Carolina.
The Panel plans to hear lawyers explain why their respective groups of cases should — or shouldn't – go to a single federal judge so that she or…
California law favors class actions. So much so that Golden State courts have struck down class-action bans that show up in consumer contracts whether they apply to lawsuits, Discover Bank v. Superior Court of Los Angeles, 113 P.2d 1100 (Cal. 2005), or arbitration cases, America Online v. Superior Court, 108 Cal. Rptr. 2d 699…
The Supreme Court has posted the oral argument transcripts in the two business cases we wrote about a few days ago (post here):
Costco Wholesale Corp. v. Omega, S.A., No. 08-1423 (U.S.)
AT&T Mobility LLC v. Concepcion, No. 09-893 (U.S.)
On Nov. 8 and 9, the Supreme Court will take up two cases that hold promise and peril for businesses. Blawgletter sees more cause for businesses to hope than fear.
The first of the pair, Costco Wholesale Corp. v. Omega, S.A., No. 08-1423 (U.S.), deals with the reach of copyright law's "first sale" doctrine. …
Lots of people want to know what voters meant just now when they mostly, in lots of places, swept ins from office and replaced them with outs. Did they want to vent anger? Express anxiety? Demand a new path? Something else?
Blawgletter suspects people wanted to say A Great Many Things, often all at the…
Although Abbey and Kirby were no doubt on the stingy side when it came to compensating their brethren, we have not been convinced that the District Court abused its discretion in approving class counsel's allocation.
Victor v. Argent Classic Convertible Arbitrage Fund L.P. (In re Adelphia Communications Corp. Securities & Derivative Litig.), No. 08-4904-cv…
The seven federal judges on the Judicial Panel on Multidistrict Litigation have issued the first two transfer orders from their September 30 session in Nashville.
The Panel sent cases relating to the recall of McNeil Consumer Healthcare and Johnson & Johnson medicines (think Tylenol, Motrin, Zyrtec, and Benadryl) for children and infants to the Eastern…
The attorneys-general of eight states plus the Antitrust Division of the U.S. Department of Justice have settled antitrust claims against Visa and MasterCard over their restrictions on merchants' freedom to steer customers away from cards that carry high acceptance charges.
They also sued American Express after it declined to settle.
The pact with Visa and MasterCard…
The Antitrust Division over at the U.S. Department of Justice has gotten busy.
Blawgletter mentioned in February 2009 that the AD had confirmed a probe of companies that make compressors for such like as refrigerators and freezers.
This Thursday, the Division disclosed that "Panasonic Corporation and a Whirlpool Corporation subsidiary, Embraco North America Inc., have…
A 2-1 panel of he Tenth Circuit today affirmed a $16.5 million award to a subclass of AT&T's California residential landline customers for overcharges on the carrier's contributions to the Universal Service Fund. Cummings v. AT&T Corp., No. 09-3059 (10th Cir. Sept. 20, 2010) (applying New York law).
A Kansas City jury found in November 2008…