Class Actions

Morning Docket: 10.11.12

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* Everyone’s happy about the Dewey & LeBoeuf settlement except the Ad Hoc Committee and its LeBoeuf retirees, who called Judge Martin Glenn’s attempt to slap them down an “insult to injury.” [WSJ Law Blog]

* While South Carolina’s voter ID law wasn’t found to be inherently discriminatory, its enforcement was still blocked because people will be unable to get their sh*t together in time for the election. [Bloomberg]

* VP debate moderator Martha Raddatz’s 1991 wedding guest list has come under fire because Barack Obama was invited. Clearly there’s a conflict of interest worth arguing about here. [Washington Post]

* This man is nobody’s “butt boy”: Tom Keefe, the interim dean over at Saint Louis Law School, will be footing a $14,212 bill for his students in the form of ABA Law Student Division memberships. [National Law Journal]

* Strippers in California, Florida, Idaho, Kentucky, Texas, and Nevada will be making it rain, because they just scored a $12.9M class action settlement. That’s a whole lot of “college tuition”! [Courthouse News Service]

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Morning Docket: 10.01.12

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* Bank of America agreed to pay $2.43 billion, one of the biggest securities class-action settlements in history, to put the Merrill Lynch mess behind it. According to Professors Peter Henning and Steven Davidoff, B of A “is probably quite happy with the settlement given that it could have potentially faced billions of dollars more in liability in the case.” [DealBook / New York Times]

* “Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.” Here is Robert Barnes’s take on the SCOTUS Term that starts today. [Washington Post]

* And here is Professor Garrett Epps’s review of Jeffrey Toobin’s new book on the Supreme Court, The Oath (affiliate link). [New York Times]

* How Dewey justify paying a big bonus to a member of the management team “when it has been widely pointed out that excessive compensation to the firm’s upper management significantly contributed to the firm’s collapse in the first place?” [Bankruptcy Beat via WSJ Law Blog]

* A high-profile Vatican trial raises these questions: “‘Did the butler do it?’ Or rather, ‘was it only the butler who did it?’” [Christian Science Monitor]

* Ben Ogden, an Allen & Overy associate who was killed in a Nepalese plane crash, R.I.P. [Am Law Daily]

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Non-Sequiturs: 09.11.12

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* Obama has made more women federal judges than any other president in history. But he still has a long way to go to match Bill Clinton’s record for being judged by women. [Wall Street Journal]

* Let’s agree that neither of the people running for president should be a tax lawyer. [Going Concern]

* This story about law firms involved in a class action suit allows me to quote one of the great Abraham Lincoln lines, as retold by the late Shelby Foote: “There’s too many pigs for the tits.” [Forbes]

* Proof that bankers have a better life. [Dealbreaker]

* Did you know that there is a typo on the Liberty Bell? [Josh Blackman's Blog]

* Louisiana has a problem with deadbeat corporations that owe money to the state. Apparently, businesses run from their debts just as well as students. [Lexis Tax Community]

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Stripper Law: A Potpourri of Pleadings From the Pole

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Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.

New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.

Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….

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Fashionista Lawyer Sues Forever 21 Over Alleged ‘Penny-Skimming Scheme’

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Another day, another lawsuit against clothing store Forever 21 — and surprisingly, it’s not another copyright infringement claim. This time, Carolyn Kellman, a lawyer who’s been described by the local media as a “fashionista,” is suing the retailer over a penny. Yes, a penny. We briefly mentioned this suit in Friday’s Non-Sequiturs, but we thought it deserved the full treatment now that everyone is buzzing about it.

You see, Kellman is not just any lawyer. She previously made waves when she was profiled by the Miami Herald for her high-end fashion sense. While you ponder why a fashionista would publicly admit to shopping at Forever 21 (seriously, that’s where I went to buy whore shoes for Halloween in college), let’s get into the details of her class action suit against the fashion chain….

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I Don’t Think Class Action Settlement Means What You Think It Means

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If you use Facebook, you’ve probably noticed the sponsored stories that periodically pop up within the site. These (IMHO annoying) ads are an important part of Facebook’s revenue strategy. But recently, the company got sued over the stories, for allegedly violating the law by publicizing — but not paying — users who “like” certain advertisers, and not providing a way to opt out of the program. A settlement plan was recently announced. But uh oh, the federal judge handling the case rejected the settlement on Friday. Why?

Maybe something to do with the plaintiffs attorneys getting $10 million, the actual plaintiffs getting nothing, and an overall sense that left the judge wondering if the terms were “merely plucked from thin air”….

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Morning Docket: 08.13.12

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* In case you’ve been sleeping under a rock, Mitt Romney picked Rep. Paul Ryan as his Vice Presidential running mate. Putting politics aside, this is a great pick, if only because Ryan is so handsome. Seriously, he’s a total stud. [Wall Street Journal]

* “How can I be the one guy with a good degree who is going to be chronically unemployed?” Sadly, many lawyers are still looking for jobs after (multiple) layoffs, but thanks to a lack of positions, employment is just “not in the cards” for them. [New York Times]

* Deadliest clerkship? The Washington, D.C. judge who presided over one of the most violent mass shooting cases in the nation’s capital was reportedly held up at gunpoint last week, with her law clerk in tow. [Fox DC]

* Something is rotten in the state of Denmark Texas. Judge Sam Sparks “know[s] the smell of bad fish,” and now wants to know why the USADA waited so long to bring charges against Lance Armstrong. [Bloomberg]

* After reversing a bankruptcy court’s decision that loan repayment would be an “undue hardship” for a law school debtor, a judge took the time to rip law schools a new one over escalating tuition. [Oregonian]

* Match.com class-action plaintiffs found no love in court after a federal judge ruled that the dating website hadn’t breached its user agreement. Much like their love lives, their claims aren’t getting any action. [Reuters]

* A man who is his own lawyer has a fool for a client: 23% of all cases filed in the federal court for the S.D.N.Y. are brought by pro se litigants, and the vast majority of them seem to have lost their minds. [New York Post]

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Class Action Lawsuit Against Thomas M. Cooley Law School Dismissed

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Last summer, the Thomas M. Cooley Law School was hit with a class action lawsuit over the school’s allegedly deceptive post-graduate employment data. The case was filed by plaintiffs’ lawyers Jesse Strauss and David Anziska. In October 2011, Cooley Law filed a motion to dismiss that claim, adopting a “blame the ABA” theory in defense of its employment statistics.

On June 5, lawyers ventured to the U.S. District Court for the Western District of Michigan to argue the merits of the case. Although Judge Gordon Quist sided with the Cooley grads on several issues, he noted that they faced an “uphill battle” on some of their other allegations. And now, before hordes of Cooley graduates sit down to take the bar examination, we’ve got news on whether the class action suit survived that motion.

What result? The class action lawsuit filed by Team Strauss/Anziska against Cooley Law over its allegedly deceptive employment statistics has been dismissed….

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Morning Docket: 07.23.12

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* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]

* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]

* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]

* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]

* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]

* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]

* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]

* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]

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Morning Docket: 05.29.12

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A Biglaw firm gets screwed...

* Dewey have some novel issues for our bankruptcy lawyers, or what? As we noted last night, now that D&L has filed for Chapter 11, they’ll have to deal with bank debt, and bondholders, and possible criminal proceedings, oh my! [New York Law Journal]

* And did we mention that Dewey’s defectors and their new firms might get screwed out of millions thanks to the recent Coudert decision? You really should’ve tried to finish up your business before the firm flopped. [WSJ Law Blog]

* Our SCOTUS justices’ summer plans don’t include debating the results of their landmark health care and immigration cases. They’ll be off to fabulous destinations to teach by the first week of July. [Associated Press]

* A federal judge in Brooklyn doesn’t like what seems to be happening in the “game of grams” when it comes to mandatory minimum drug sentencing. Perhaps the DOJ will heed his call for reform. [New York Times]

* Facebook’s IPO was an epic fail, but it’s been great business for plaintiffs lawyers. Twelve securities class action firms are gathering leads and getting ready to sue, and two have already sued. [National Law Journal]

* This wasn’t exactly well planned: if you’re involved in state politics, it’s probably not a good idea to fake a legal internship with a state representative so that you can graduate from law school. [Concord Monitor]

* In happier news, a New York Law School graduate walked across the stage to receive her diploma with the help of her seeing-eye dog. The pooch hasn’t lifted a leg on her law degree… yet. [New York Daily News]

... and so do folks down under.

* “Brothels are never going to be a vote winner.” But even so, if you’re looking to get it in down under, a plan to build Australia’s largest cathouse may soon gain approval if lawyers are able to do their work quick and dirty. [Bloomberg]

* Thanks to this case, stupid teenagers in New Jersey who send texts to others that they know are driving can now revel in the fact that they can’t be held liable for injuries that may occur thanks to careless driving. [New Jersey Law Journal]

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