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April 6th, 2016

Twice in March, Florida’s Plaintiff-Friendly High Court Erodes ‘Engle’ Compromises

Twice last month the plaintiff-friendly Florida Supreme Court gave personal injury lawyers new incentives to keep the state’s tobacco litigation chain smokin’ . . . → Read More: Twice in March, Florida’s Plaintiff-Friendly High Court Erodes ‘Engle’ Compromises

April 6th, 2016

California High Court Lets Employees Sit Down on Job, Risking Productivity & Health

California employers have taken a kick to the keister once again and will now be forced to let employees sit on theirs. (And some economists wonder why productivity growth has stalled.) . . . → Read More: California High Court Lets Employees Sit Down on Job, Risking Productivity & Health

March 30th, 2016

Florida Needs New Class Action Forum at Miami Law Like It Needs a Category 5 Hurricane

With an apparent desire to ensure in perpetuity Florida’s status as a perennial Judicial Hellhole, three locally based class action law firms have donated $1 million to the University of Miami School of Law to fund an annual forum on complex mass torts and multidistrict litigation . . . → Read More: Florida Needs New Class Action Forum at Miami Law Like It Needs a Category 5 Hurricane

March 28th, 2016

9th Circuit Overrules Dismissal of Yogurt Labeling Case to Wait for FDA Definition of ‘Natural’

The U.S. Court of Appeals for the Ninth Circuit last week overruled a lower court’s perfectly sound dismissal with prejudice of a food labeling class action against Chobani yogurt . . . → Read More: 9th Circuit Overrules Dismissal of Yogurt Labeling Case to Wait for FDA Definition of ‘Natural’

January 28th, 2016

Will New Defense Strategy Spurred by Recent SCOTUS Decision Succeed in Limiting Class Actions?

The U.S. Supreme Court’s recent ruling in Campbell-Ewald Co. v. Gomez, wherein the majority held that a defendant’s mere offer to pay an individual plaintiff’s full claim for damages is not enough to prevent that plaintiff from leading a class-action, appears to be having an immediate impact on litigation strategy . . . → Read More: Will New Defense Strategy Spurred by Recent SCOTUS Decision Succeed in Limiting Class Actions?

January 28th, 2016

For Now, Federal Judge Keeps Steve Mostyn from Making a Mesh of Regulatory Authority

Medical device maker Boston Scientific Corp. this week successfully blocked — at least for the time being — a proposed class action that alleges it had smuggled cheap counterfeit material to use in its pelvic mesh products . . . → Read More: For Now, Federal Judge Keeps Steve Mostyn from Making a Mesh of Regulatory Authority

January 25th, 2016

Goya Strikes Back at ‘Serial’ Plaintiff in California Food Fight

In litigation first reported here two years ago, defendant Goya Foods is fighting back against a serial plaintiff and her bogus, no-injury claim that seeks to exploit California’s Prop 65 labeling requirements . . . → Read More: Goya Strikes Back at ‘Serial’ Plaintiff in California Food Fight

October 31st, 2014

Ohio Jury Delivers a Thriller of a Verdict in Bogus Washing Machine Mold Class Action

On Thursday, October 30th, an Ohio jury delivered a “trick” of their own to frighteningly mischievous class action plaintiffs lawyers who have been running around scaring up unfounded complaints against the washing machine manufacturer, Whirlpool Corp. After a three week trial, the jury found in favor of Whirlpool – that the company’s front loading washing machines did not suffer from a design flaw, leading to mold accumulation. . . . → Read More: Ohio Jury Delivers a Thriller of a Verdict in Bogus Washing Machine Mold Class Action

June 9th, 2014

7th Circuit Serves Harsh Ethics Lesson on Chicago Shyster, Father-in-Law

The U.S. Court of Appeals for the Seventh Circuit tossed out a “scandalous” settlement stemming from a Pella window consumer protection class action suit that would have paid the plaintiffs’ attorneys $11 million up front, with $2 million going to the ethically-challenged lead counsel. It’s just one more example of how state Consumer Protection Acts are abused . . . → Read More: 7th Circuit Serves Harsh Ethics Lesson on Chicago Shyster, Father-in-Law

July 10th, 2013

California’s Dangerous Litigation Leads to Multi-Billion Dollar Tort Tax

More bad news this week for residents of California, America’s reigning #1 Judicial Hellhole, in the form of another troubling account of the impact that the state’s runaway litigation has on citizens’ wallets and pocketbooks . . . → Read More: California’s Dangerous Litigation Leads to Multi-Billion Dollar Tort Tax

April 2nd, 2013

Punishing Lawyers, Plaintiffs and Witnesses Who Conspire and Lie to Defraud Our Courts

It’s long overdue, but a nascent movement to hold accountable and punish those who pursue fraudulent lawsuits at the expense of taxpayers, consumers and jobseekers may finally be materializing . . . → Read More: Punishing Lawyers, Plaintiffs and Witnesses Who Conspire and Lie to Defraud Our Courts

March 29th, 2013

Ninth Circuit Sanctions Plaintiffs’ Attorney for Vexatious M&A Litigation

In recent years, it has become routine for plaintiffs’ law firms to announce investigations of mergers or acquisitions within hours of such an announcement. Lawsuits challenging such deals are filed, on average, within two weeks. Two recent developments may damper the plaintiffs’ bar’s enthusiasm for such lawsuits. . . . → Read More: Ninth Circuit Sanctions Plaintiffs’ Attorney for Vexatious M&A Litigation

March 28th, 2013

Good News on Class Actions, Hoping for More

The U.S. Supreme Court yesterday delivered good news for those of us nauseated by self-serving promulgators of meritless class actions, and the high court is considering whether to hear still another important appeal that could further rein in class action abuse . . . → Read More: Good News on Class Actions, Hoping for More

March 13th, 2013

Plaintiff-Friendly Federal Court in Northern California Now Derisively Known as the ‘Food Court’

California’s leading journal for legal news has published a worthwhile story about the growing wave of preposterous consumer class actions that target the packaging and marketing of various food and beverage products, and which have found a welcoming embrace in the arms of judges comprising the U.S. District Court for the Northern District of California . . . → Read More: Plaintiff-Friendly Federal Court in Northern California Now Derisively Known as the ‘Food Court’

February 27th, 2013

‘No-Class’ Class Action Demands Bigger Bud Buzz

The federal District Court for the Northern District of California, known increasingly for its plaintiff-friendly embrace of preposterous food and beverage consumer class actions, is where apparently alcohol-obsessed litigants have filed a new, multimillion-dollar lawsuit against Anheuser-Busch, alleging that the actual alcohol content of various beers is marginally lower than labels indicate . . . → Read More: ‘No-Class’ Class Action Demands Bigger Bud Buzz

September 4th, 2012

Food Class-Actions by ‘Fake Imbeciles’ Seek to Mislead, Manipulate Courts

Joining cookie-cutter lawsuits in California, a new nationwide class action filed in Minnesota names two plaintiffs — one from New York, the other from New Jersey — to represent millions of presumptive imbeciles who want our courts to believe they are incapable of reading and understanding federally mandated nutrition labels on boxes of granola bars . . . → Read More: Food Class-Actions by ‘Fake Imbeciles’ Seek to Mislead, Manipulate Courts

August 20th, 2012

Tobacco Trial Lawyers Look for Next Payday, Set Eyes on Food Industry

With the record Tobacco Settlement in the books, opportunistic plaintiffs’ attorneys are now looking for their next big payday and it seems they have their target set on food manufacturers. More than a dozen lawyers who took on the tobacco companies have filed 25 cases aginst industry players like ConAgra Foods, PepsiCo, Heinz, General Mills and Chobani. . . . → Read More: Tobacco Trial Lawyers Look for Next Payday, Set Eyes on Food Industry

July 10th, 2012

Overtime and the Overly Litigious

This week, a wave of frivolous employment wage disputes has swept across the country. In just the last year roughly 7,000 lawsuits have been filed in federal court. Lawsuits alleging wage and hour violations have risen 400 percent over the last 11 years. . . . → Read More: Overtime and the Overly Litigious

June 6th, 2012

Judge Stands against Lazy Cashiers and Their Opportunistic Lawyers’ ‘Right to Sit’ Lawsuit

On June 1, 2012, a California Judge stood up to parasitic trial lawyers and ruled that CVS does not have to provide chairs for its cashiers. The decision ended a ridiculous class action lawsuit filed in 2009 by Nykeya Kilby, a former lazy CVS cashier in Chula Vista, California. . . . → Read More: Judge Stands against Lazy Cashiers and Their Opportunistic Lawyers’ ‘Right to Sit’ Lawsuit

June 5th, 2012

ATRA Keeps Heat on California Courts

ATRA keeps the heat on California’s plaintiff-friendly, anti-business courts with another letter to the editor in today’s Wall Street Journal . . . → Read More: ATRA Keeps Heat on California Courts