Class Actions

Muscle Milk: drink this and you’ll write awesome pro se briefs.

I’m about to share with you an awesome pro se court filing from a law student who drinks Muscle Milk — enough of the stuff to belong to a class action of Muscle Milk consumers. Please try to envision what this submission might look like.

In terms of the student, I’m imagining a real meathead. He belonged to a frat in college. He’s not a great law student, but his family has connections that will help him land a job post-graduation. His bookshelf looks like this.

As for his pro se filing, it’s probably a tale told by an idiot, full of sound and fury (and Bluebooking errors). The UVA Libel Show would call it a Muscle-Milk-induced “roid rage of shame.”

But no, it’s not; it’s so much better than that. It’s actually a work of genius….

double red triangle arrows Continue reading “Muscle Milk + Pro Se Litigant = Hilarity”

Nicor Gas claims that all customers recorded heard a ‘warning’ before being recorded, and ‘consented’ by remaining on the line after the warning was given. But under the law, any consent only gave Nicor Gas a right to record, not to divulge or use the recordings. Any ‘consent’ they got from customers that permitted them to record was for the limited purpose of internal quality assurance – not for divulgence to outside parties, and certainly not for use in public court proceedings

Adam Levitt, a lawyer with Grant & Eisenhofer, in a class action filed against Nicor Gas, a natural gas distributor in northern Illinois. Nicor had a plan. They were so proud of using their recordings of customers in their defense. Too bad Illinois has an Eavesdropping Act that prohibits that. D’oh!

New Jersey Gov. Chris Christie

* The U.S. government has decreased funding to outside counsel for the third year in a row, leaving most Biglaw firms high and dry — except for Curtis Mallet-Prevost. Spend that $8.7M in contract cash wisely. [National Law Journal]

* Roberta Kaplan, the lawyer who brought DOMA down to its knees, is repping clients who want to intervene in the gay marriage case before the Tenth Circuit. Looks like somebody wants to be 2013 and 2014 Lawyer of the Year. [BuzzFeed]

* A judge has granted class action status in the suit challenging Virginia’s ban on same-sex marriage. Let’s see if David Boies and Ted Olson can take another case to the Supreme Court and win. [Reuters]

* If you’ve been wondering why David Wildstein picked the Friday before the Super Bowl to stab Governor Chris Christie in the back, Lat thinks it might have been “some kind of act of revenge.” [Bergen Record]

* No acquittals this time: George Zimmerman is planning to enter the wonderful world of “celebrity” boxing. He’s set to enter the ring on March 1, and is more than likely to get his ass kicked. [Chicago Tribune]

The law firm of Seyfarth Shaw, known for its labor and employment expertise, just released its tenth annual Workplace Class Action Litigation Report. The report details the important trends in workplace litigation going into 2014 and analyzes “1,123 class action rulings on a circuit-by-circuit and state-by-state basis.”

The verdict, in a nutshell, is that the Supreme Court has bent over backward to protect businesses from these suits, but they still come up… and one category of workplace suit is even growing exponentially. Any guesses?

So what are businesses going to face out there this year?

double red triangle arrows Continue reading “Greatest Risk For Workplace Lawsuits In 2014 Remains ‘Doing Illegal Stuff’”

Judge Kozinski: turning over a new LEAF?

That’s right, plaintiffs’ counsel sat down to the negotiating table and cut a deal, without knowing a single thing about what cards their opponents held. For all counsel knew — for all they know even today — there are memoranda and reports in Nissan’s internal files disclosing that the LEAF’s Lithium-Ion battery suffers from a variety of defects, and that Nissan nevertheless decided to go to market with it.

– Chief Judge Alex Kozinski, filing an objection to a class action settlement between Nissan and buyers and leasers of its electric car, the LEAF. Alison Frankel of Reuters describes having Chief Judge Kozinski as an objector as a “lawyer’s nightmare.”

Jodi Arias

* Trouble in paradise, so soon? The proposed merger between Dentons and McKenna Long & Aldridge has been delayed. McKenna has postponed its partnership vote, and Dentons says no partnership vote was ever planned. [Daily Report]

* Wherein a firm fails to Latham an ex-employee’s baby mama drama: a legal secretary who was allegedly told her pregnancy complications “were not [the director of HR's] problem” will see her case against L&W move forward. [Blog of Legal Times]

* You know that relations have grown bitter between opposing counsel when attorneys from one firm refer to lawyers from the other as “Monday Morning Quarterbacks.” The legal fee dispute in the BARBRI antitrust case rages on at the Ninth Circuit. [National Law Journal]

* Paging ProudCooleyGrad: Kurzon Strauss, the firm that sued Cooley Law over its allegedly deceptive job stats, is trying to get records unsealed in the school’s defamation case that’s now on appeal. [MLive.com]

* Convicted murderer and jailhouse hottie Jodi Arias is accepting donations for her appeals fund. It could be worth your while — if you donate enough, maybe she’ll consider turning you into her next victim. [HLN TV]

* Parties in the greenhouse gas cases before SCOTUS have agreed to trim the number and length of their briefs to reduce the number of times “go f@ck yourself and die” is written. [Blog of Legal Times]

* The latest patent reform bill up for debate promises that it will put an end to the trolls by forcing them to do more work before filing suit. If only it were that easy to keep the trolls at bay. [National Law Journal]

* Do the hustle, and blame it on Becca! A jury has found that Bank of America is liable for selling defective mortgages, and the potential penalty could be up to $848 million. [DealBook / New York Times]

* Since the law was puff, puff, passed, lawyers in Washington State have politely asked their Supreme Court if and when they’ll allowed to smoke weed and represent clients that sell it. [Corporate Counsel]

* Class certification in the Alaburda v. TJSL lawsuit over allegedly deceptive employment statistics has officially been denied. We guess that all good things must come to an anticlimactic end. [ABA Journal]

* Another law school gets it: the U. of St. Thomas will its freeze tuition at the low, low price of $36,843, allowing students to pay a flat fee for all three years of education. [Campus Confidential / Star Tribune]

* If you’d like to ace your law school interviews (which apparently are a thing these days), it helps if your personality doesn’t inspire ritualistic seppuku. [Law Admissions Lowdown / U.S. News & World Report]

* Michael Skakel, the Kennedy cousin convicted of killing, was granted a new trial due to ineffective assistance of counsel. Getting away with murder? Aww, welcome to the family, Mike! [Washington Post]

My wife, who is being deprived of shows like Dexter and The Big Bang Theory reruns by the Time Warner/CBS fee dispute, and is terrified of missing out on Homeland, said of the two warring media conglomerates: “It’s like watching two muggers argue over who gets to steal your purse.”

I haven’t been paying it much attention. I’m assuming that TWC and CBS will get this sorted in time for football season. Well, let me rephrase, I’m assuming that if these two billion-dollar operations can’t get their act together in time for football season, we’re going to see the American version of “Arab Spring” and there will be blood in the streets. There are few things you don’t mess with in America: one is football, and I don’t think people care about number two as long as football is on.

Sorry, let me back up, CBS has been blacked out in New York, Los Angeles, and Dallas for weeks now due to a fee dispute with Time Warner Cable. CBS also owns Showtime, so that’s been blacked out, and the Smithsonian channel — which nobody watches but me because it’s the last “learning” channel that doesn’t pander to redneck pawn, ice, gold, lumber, and fishing stars.

In response to this ridiculous situation, a group in Los Angeles has filed a class action lawsuit against TWC for blacking out CBS…

double red triangle arrows Continue reading “Instead Of A Class Action, Could We Just Get Dexter To ‘Handle’ The Time Warner/CBS Dispute?”

Does your law school ROI look like this?

* Victoria Espinel, chief IP counsel to the White House (better known as the “copyright czar”), has stepped down. A tech or trade company will snap her up in 3… 2… [Corporate Counsel]

* Child custody train wreck alert: Baby Veronica of SCOTUS fame was in the news after her father was arrested for refusing to return his child to her adoptive parents. [ABC News]

* Rather than watching people pump gas, BP is watching people pump out lawsuits against the company at a rather alarming rate as a result of its 2010 oil spill. [Businessweek]

* Cynthia Brim, the Illinois judge who was reelected despite the fact that she was legally insane, finally had a complaint filed against her by the state’s judicial board for being just a little bit too kooky for court. [Chicago Tribune]

* Your degree might not be worth a million dollars, but if you went to one of these schools, you probably got a good bank for your buck. We’ll have more on this later. [The Short List / U.S. News & World Report]

* The fight over attorneys’ fees in the antitrust lawsuits filed against BARBRI continues rage on, and class members still haven’t received a penny — which is all they’d really get, anyway. [National Law Journal]

* Congratulations to Newark Mayor and Yale Law alumnus Cory Booker! Last night, he handily won the New Jersey Democratic primary election for the late U.S. Senator Frank Lautenberg’s seat. [CBS News]

Because football is better than job stats.

* In the latest round of musical chairs, Skadden Arps managed to scoop up products liability queen and top woman litigator Lisa Gilford from Alston & Bird. Congratulations! [The Recorder (sub. req.)]

* Is merger mania a thing of the past? With pocketbooks tighter than ever, “pseudo-mergers” are starting to look great. No one will complain about more lawyers with less liability. [Legal Intelligencer]

* Man, it’d be great if you could represent plaintiffs in a class action suit and keep all of the settlement funds without having to pay your clients a cent. Oh wait, you can actually do that? [New York Times]

* “It shows he’s adventuresome and he’s got good taste.” Peter Zimroth, the lawyer appointed to oversee the reform of the NYPD’s stop-and-frisk policies, married very, very well. [Wall Street Journal (sub. req.)]

* The ABA approved Texas A&M’s acquisition of Texas Wesleyan’s law school. Hello to the Texas A&M Johnny Football School of Law! We hope to see the Heisman of employment stats. [National Law Journal]

* A judge says the woman who sued Paula Deen for racial discrimination was nothing more than an “accidental victim.” And like that, her race-based claims have melted away like butter, y’all. [ABC News]

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