A new issue of Barnett's Notes on Commercial Litigation went up this afternoon. Check it out here.
In this Issue
1. How Federal Courts Got Their Inefficiency. In which Your Editor blames procedural excess stemming from judicial risk-aversion.
2. Did You Know? A resurgent Antitrust Division opens an investigation into possible anticompetitive behavior
The Third Circuit today reversed dismissal of a New Jersey-only class action alleging that American Express violated the New Jersey Consumer Fraud Act by misrepresenting its "cash back" promotion for holders of the Amex Blue Card. The district court tossed the case on the ground that the card member agreement, which provided for application of Utah
Edward J. Schwartz U.S. Courthouse, San Diego, California.
The Judicial Panel on Multidistrict Litigation has set a whopping nine matters on its docket for March 26, when Their Honors will assemble in San Diego to hear arguments that sometimes last 30 seconds.
The case list includes a couple of interesting-looking matters:
MDL No. 2027
You've likely read about the Securities and Exchange Commission actions against Stanford Group, including a fraud lawsuit in the Northern District of Texas, Dallas Division, and an FBI raid at Stanford's Houston headquarters.
You may not know, though, that the SEC sought and obtained an order that enjoins all creditors and other persons from commencing
Dow Jones reports today:
Two days after authorities in Brazil raided Whirlpool Corp.'s (WHR) offices there, the U.S. Department of Justice confirmed Thursday that it is investigating possible antitrust violations in the multibillion-dollar refrigeration compressor industry, in conjunction with international authorities.
The story also discloses that Whirlpool and a competitor, Tecumseh Products, received grand jury
Salmonella bacteria live in animals' intestinal tracts. The WSJ says kill the bug with public disapprobation — not prevention.
In February 1906 — 103 years ago — the muckraking writer and Socialist politician, Upton Sinclair, Jr., published The Jungle. He dedicated the novel "TO THE WORKINGMEN OF AMERICA". For you see he penned the
An expert analysis of the loss causation element of a federal securities fraud claim must link the purchasers' loss with the fraud. The expert must match the lie with an inflation in price (when the purchaser bought the security) and tie disclosure of the truth to a loss-producing drop (when the purchaser sold or as of
The Bank of America (BOA) auction rate securities (ARS) multidistrict litigation (MDL) goes go to San Francisco (SFO) . In re Bank of Am. Auction Rate Securities (ARS) Marketing Litig., MDL No. 2014 (J.P.M.L. Feb. 12, 2009).
Blawgletter has noted the proliferation of efforts to ban arbitration of similar claims on a class basis. Under the guise of choosing an arbitral forum over a judicial one to settle disputes, more and more contracts embed within the arbitration clause a prohibition on class treatment.
We know that arbitration aims to speed and streamline
Does section 3 of the federal Arbitration Act mandate a stay of litigation pending arbitration not only as to parties that entered into an arbitration agreement but also as to parties that didn't?
The Third Circuit said nosir — and noted its disagreement with the Fifth Circuit on that point. Mendez v. Puerto Rican
