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January 31st, 2011

Alabama’s Tort King Heads to the Border

Jere Beasley, Alabama’s infamous class-action impresario and would-be Dickie Scruggs, has headed for the border. Alleging that his own law firm’s “independent” testing indicates that Taco Bell’s beef tacos include only 35% beef, Beasley is suing the fast-food chain in – you guessed it – California, the nation’s best place to have a meritless consumer class-action certified and taken seriously by a kooky judge . . . → Read More: Alabama’s Tort King Heads to the Border

January 28th, 2011

Screws Loosened for California Consumer Lawsuits

It’s precisely the type of lawsuit that gave California a reputation for consumer lawsuit abuse. Lawyers sued the lock manufacturer, Kwikset for deceptive advertising because products, labeled as “Made in the U.S.A.,” included components, such as screws, produced overseas. In a dissent Justice Ming W. Chin, joined by Justice Carol A. Corrigan, recognized that “[t]his cannot be what the electorate intended” in voting for a measure intended to reduce frivolous lawsuits. . . . → Read More: Screws Loosened for California Consumer Lawsuits

January 21st, 2011

No Injury? No Lawsuit, Says DC Court of Appeals

The District of Columbia’s highest court has rejected two claims that threatened to make the nation’s capital a magnet for consumer lawsuit abuse. The alternative, the Court recognized, “would open our courts to any person from anywhere who decides to lodge a complaint labeled as a ‘representative action’ . . . even though that person has suffered no injury-in-fact related to a District of Columbia merchant’s unlawful trade practice” . . . → Read More: No Injury? No Lawsuit, Says DC Court of Appeals

December 20th, 2010

West Virginia High Court Says No Lawsuits Without Injury

A ruling by the West Virginia Supreme Court of Appeal on Friday shows why the state is no longer named ATRA’s #1 Judicial Hellhole and provides an encouraging sign for further improvement of the state’s civil justice climate. In White v. Wyeth, the state’s highest court recognized the basic principle that an individual who sues under a consumer protection statute must show that he or she actually relied on the allegedly deceptive advertisement or practice to recover damages. . . . → Read More: West Virginia High Court Says No Lawsuits Without Injury