Seventh Circuit Judge Posner Rides into the Summer Sunset

posnerWe begin Fall 2017 blogging with an appreciative farewell.

This past Friday, September 1, US Court of Appeals for the Seventh Circuit Judge Richard Posner announced his retirement, effective immediately. He served on the circuit for 36 years, having been appointed by President Ronald Reagan in 1981.

Judge Posner was a principled skeptic of lawyer-driven litigation which, not surprisingly, led us to discuss a number of his opinions here at the WLF Legal Pulse.

Most recently, in Eye Drops, Water Fountains for Cats, and the Demise of a No-Injury Class Action, we recounted the unusual analogy Judge Posner used in his majority opinion to support the court’s dismissal of an especially officious no-injury class action filed against the makers of eye drops. Continue reading

California Supreme Court Expands Scope of Discovery in Representative Actions under Private Attorneys General Act

JohnQuieroLE - resized [45] 170504_0034_1a_square2Guest Commentary

By John F. Querio, a Partner, and Lacey L. Estudillo, an Appellate Fellow, with Horvitz & Levy LLP.

On July 13, 2017, the California Supreme Court decided Williams v. Superior Court, which expanded a plaintiff’s discovery rights in actions brought pursuant to California’s Private Attorneys General Act (PAGA).  PAGA permits an employee to bring a representative action “‘on behalf of himself or herself and other current or former employees’ to recover civil penalties” for wage-related violations of California’s Labor Code—penalties that were previously recoverable solely by the state’s labor-law enforcement agencies.  Amalgamated Transit Union, Local 1756 v. Superior Court, 46 Cal. 4th 993, 1003 (2009). Continue reading