In AEP v. Connecticut, the U.S. Supreme Court unanimously declared that questions of a political nature are best decided by the democratic legislative process, not by litigation through the courts. Unfortunately, the AEP message did not get to everyone. Plaintiffs in recently launched lawsuits against Frito-Lay are asking the judiciary to clarify a term which has become [...]
Posts Tagged ‘litigation’
Courts Not a “Natural” at Regulating Food Ads and Labels
Posted in Civil Justice & Litigation, Health Care, tagged advertising, legal activism, litigation, speech on February 8, 2012 | Leave a Comment »
Second Circuit Ruling: All Is Not Lost for Chevron in Ecuador Battle
Posted in Civil Justice & Litigation, Environmental Law & Regulation, tagged environment, fraud, litigation, litigation industry on January 27, 2012 | Leave a Comment »
Cross-posted by Forbes.com at WLF contributor site Chevron Corp. suffered a setback yesterday in its efforts to prevent enforcement of a $17.2 billion judgment issued by an Ecuadorian court based on charges that Chevron is responsible for environmental damages in the Ecuadorian Amazon. The U.S. Court of Appeals for the Second Circuit in New York [...]
Money, not Hybrid Cars, is the Green in Honda Civic Class Action Settlement
Posted in Civil Justice & Litigation, tagged CAFA, litigation, litigation industry on January 9, 2012 | Leave a Comment »
Honda Civic Hybrid owners everywhere feel they’ve been cheated. Or at least that’s what their class action lawyers have said. Numerous lawsuits have been filed in the past several years alleging that Honda misled consumers in advertisements on the amount of miles per gallon their Civic Hybrid would get. Honda denies these allegations, but has decided [...]
Federal Circuit Court Goes Its Own Way on Standing in Data Security Class Action
Posted in Civil Justice & Litigation, tagged litigation, litigation industry, privacy on January 6, 2012 | Leave a Comment »
Class action lawsuits alleging data privacy-related violations were quite prevelant in 2011, and observers are expecting that trend to continue, if not expand, in 2012. The Legal Pulse has published a series of posts on one key issue in such suits – what constitutes “harm” in the context of standing to sue – over the past six [...]
Judge “Likes” Plaintiffs’ Arguments, Online Privacy Class Action Proceeds
Posted in Civil Justice & Litigation, tagged litigation, litigation industry, privacy on December 29, 2011 | 2 Comments »
Cross-posted by Forbes.com at WLF contributor site Federal courts spent the last two weeks of 2011 cranking out notable rulings in many areas of law and affecting a broad range of American businesses. One particularly interesting decision came from the Northern District of California, a hotbed of online privacy-related class action litigation. Judges there have generally been stiff-arming [...]
Food Lawsuits Claiming “Addiction” Coming to a Courtroom Near You?
Posted in Civil Justice & Litigation, tagged abusive litigation, junk science, litigation, litigation industry on December 6, 2011 | Leave a Comment »
Cross-posted by Forbes.com at WLF’s Contributor Site Plaintiffs’ lawyers and their activist allies have been working to turn ”unhealthy” food and drink products into the “next tobacco.” Through high-stakes litigation, they pursue their dual goals of 1) regulating how such companies design, produce, and market their products and 2) transferring billions of dollars in hard-earned profits to lawyers’ and activists’ pockets. These [...]
Federal Judges Have Harsh Words, Rulings for Class Action Plaintiffs’ Lawyers
Posted in Civil Justice & Litigation, tagged abusive litigation, litigation, litigation industry on December 2, 2011 | 1 Comment »
Cross-posted by Forbes.com at WLF Contributor Site The plaintiffs’ bar often bemoans that class action lawsuits get a bad rap. But two federal court rulings from last month offer reminders as to why people think class actions have more to do with lawyer enrichment than client compensation. Each suit has the appearance of being lawyer-driven, and in both resulting decisions, the [...]
Courts Grapple with Concept of “Harm” in Online Privacy Suits
Posted in Civil Justice & Litigation, tagged litigation, litigation industry, privacy on November 28, 2011 | 1 Comment »
Cross-posted by Forbes.com at WLF Contributor Site The fundamental legal principle that only those who have been “harmed” can sue in U.S. courts is being put to the test by the ever-evolving, subjective concept of “privacy” in the equally organic online world. U.S. Supreme Court rulings on so-called Article III standing reflect that a harm must be 1) concrete, [...]
Will Supreme Court Add Another Alien Tort Statute Case to its Docket?
Posted in Civil Justice & Litigation, U.S. Supreme Court, tagged legal activism, litigation, Supreme Court on November 28, 2011 | 1 Comment »
Cross-posted by Forbes.com at WLF’s Contributor Site This spring, the U.S. Supreme Court will address whether to impose significant limits on the scope of lawsuits filed under the Alien Tort Statute (ATS). For the past several decades, the ATS has served as the favorite vehicle of human rights activists and plaintiffs’ lawyers seeking to challenge [...]
Appellate Court Consensus on Medical Monitoring Class Actions Solidifies
Posted in Civil Justice & Litigation, tagged CAFA, litigation on September 12, 2011 | 1 Comment »
Guest Commentary Carl A. Solano, Schnader Harrison Segal & Lewis LLP* Last Term’s landmark Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes sent a clear message: certifying a federal class action is serious business, and courts should not do it unless a “rigorous analysis” reveals issues common to all proposed class members that can [...]
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