The Eleventh Circuit today rendered a significant — and 77-pages-long — decision under the Class Action Fairness Act. Happily, the court summarized its holdings:
First, we hold that any one defendant authorized under CAFA to remove the plaintiffs’ claims against that defendant to federal court may remove the action as a whole, regardless of whether
An insurer rejected an early settlement offer within policy limits but changed its mind after getting more information. The plaintiff said "too late" and proceeded to settle with the policy-holder for a confession of judgment, a covenant not to sue, and an assignment of claims against the insurer. The district court granted summary judgment for
The Fifth Circuit yesterday decertified a nationwide class action alleging defects in side-impact air bag systems and sensors. The case involved 1998 and 1999 models of Cadillac DeVilles. The court found error in the district court’s failure to require plaintiffs to provide an "extensive analysis" of warranty law in the 51 jurisdictions from which class
Yesterday, U.S. District Judge Susan Illston denied a summary judgment motion that challenged the standing of a newspaper subscriber and reader to bring antitrust claims against owners of major newspapers in the San Francisco Bay area. Her Honor held that the owners’ plan to consolidate ownership and divide markets threatens the kind of injury —
William Blackstone (1723-80).
We’ve enjoyed a slow day in the progression of federal appellate law as it trends ever upward towards its ultimate perfection. Especially so, Blawgletter holds, in the areas of interest to business trial lawyers.
Yes, one appeals court did uphold the majesty of the right to jury trial today by reinstating the
Last Thursday, according to news reports today, U.S. District Judge Phyllis Hamilton in San Francisco dismissed the price-fixing complaint of Sun Microsystems and Unisys Corp. against several manufacturers of dynamic random access memory (DRAM) chips. Ever curious, Blawgletter took a peek at Her Honor’s opinion and and found, as we suspected, that it turns
A wholesale produce merchant and two of its owners lost their petition today to overturn sanctions under the Perishable Agricultural Commodities Act for bribing a federal produce inspector. The petitioners argued that PACA only prohibits merchants from lying to each other and doesn’t cover fraud resulting from a false inspection certificate. The D.C. Circuit held
News reports disclosed last week that Verizon obtained a permanent injunction barring Vonage from signing up new customers and that the Federal Circuit promptly granted Vonage a temporary stay. But the docket sheet in the district court case reflects that the judge heard arguments on April 6 and then "reserved ruling until Thursday, April 12
Blawgletter just ran across a four-part series of articles about Alberto Gonzales. The author, Andrew Cohen, writes the "Bench Conference" blog at The Washington Post. He entitled the series "Rough Justice — The Case Against Alberto Gonzales." It reviews the current Attorney General’s career as George W. Bush’s lawyer, first in Texas
Blawgletter’s telephone hasn’t exactly rung off the wall since we offered our pro bono publico help to prepare Alberto Gonzales for his Senate testimony on April 17. Possibly his handlers absorbed our 10 talking points and need our personal assistance not. Blawgletter so hopes.
But the augurs for our Attorney General look more and more