Plaintiffs who sue under section 1 of the Sherman Act must allege a contract, combination, or conspiracy that restrains competition. Some kinds of conspiracies so patently harm competition that courts presume injury and call them "per se" violations. Agreements between competitors to fix prices, not to compete for specific customers or in particular areas, and to boycott
Class Actions
Texas Supremes Deem Assignee Inadequate Class Representative
By Barry Barnett on
The Supreme Court of Texas voted 5-3 today to decertify a class action. The class representative, a company that audits telephone bills and seeks refunds for customers, alleged on behalf of a Texas class that Southwestern Bell overcharged by collecting municipal fees it did not have to pay. The majority held that the assignee couldn't adequately represent the…
Fifth Circuit Persists in Call for Proving Case as Price for Class Treatment
By Barry Barnett on
Blawgletter thinks we don't go over the line when we say the Fifth Circuit deserves its rep as the court of appeals least likely to abide a class action.
Fresh proof came last week. The court upheld the denial of class treatment in a securities fraud case against Halliburton. It said, in a footnote:
Plaintiff
…
Hiding of Fee Rebates May Cost Citigroup
By Barry Barnett on
On Monday, the Second Circuit reversed dismissal of a securities fraud case against Smith Barney/Citigroup for misleading mutual fund investors about the true cost of "transfer agent" services, for which the mutual funds paid an outside vendor. After a few years, the transfer agent, at SmithBarneyCitigroup's request, started rebating most of the fees to SmithBarney/Citigroup. SmithBarney/Citigroup…
Second Circuit Sticks with Lodestar as Option for Class Counsel Fees
By Barry Barnett on
A lawyer who takes a case on an hourly basis expects to collect her lodestar — hours times hourly rate — no matter the outcome.
The same lawyer, when she works on contingent fee basis, plans to earn more than her lodestar if she wins. The bonus rewards her for sharing the client's risk.
So…
Politics of Climate Change Lawsuits
By Barry Barnett on
A law professor, a law student, and a lawyer have written a Working Paper on lawsuits that aim to hold greenhouse gas producers liable for global warming. Laurence H. Tribe, Joshua D. Branson & Tristan L. Duncan, "Too Hot for Courts to Handle: Fuel Temperatures, Global Warming, and the Political Question Doctrine", Washington…
Multidistrict Litigation Panel Sets Hearing Dates, Sites for Balance of 2010
By Barry Barnett on
The U.S. Judicial Panel on Multidistrict Litigation convenes every other month to hear argument on motions to centralize or consolidate multidistrict cases for pretrial proceedings in one district court. The Panel's members hail from around the country and gather for Panel hearings at a variety of places, too.
Last month, the MDL Panel met in…
Second Circuit Rebuffs MDL Remand Seeker; Judge Kaplan Concurs
By Barry Barnett on
The U.S. Judicial Panel on Multidistrict Litigation meets several times a year to hear lawyers explain why cases pending in two or more district courts belong in just one and which district court should handle them during pretrial stages. Lately, the Panel has rebuffed more than half of the motions to transfer (see here also), holding the…
Annals of Arbitration: Golden Bear Beats Lone Star
By Barry Barnett on
Blawgletter hails from the state whose official song once noted its status as "largest and grandest, withstanding ev'ry test/O Empire wide and glorious, you stand supremely blest".
The "largest" moved to "boldest" in 1959, when the Union let Alaska in.
Today the Ninth Circuit subdued Texas law's fondness for quelling aggregate litigation. The panel declared a…
What PSLRA Has Wrought; “Pay-to-Play”?
By Barry Barnett on
The Private Securities Litigation Reform Act of 1995 got its start as a subclause in the Contract with America. Congress overrode a veto by President Bill Clinton to pass it.
Has it panned out? The WSJ cast light on the question today.
The item focused on how much some class action law firms give to…