Deposition fun in the Bluetooth case
It had been a few years since I took a deposition, so it was refreshing to see that I wasn't as rusty as I was worried I'd be.
The HLLI blog reflects the views of individual attorneys who author each post. This commentary does not necessarily reflect the official position of the Hamilton Lincoln Law Institute.
Two important appellate briefs filed this week
The fundamental point—shareholder derivative suits should not be permitted to be maintained when they are designed to benefit the attorneys, rather than the shareholders—remains valid, and we believe this is the first case to present this principle in the shareholder derivative context.
Mazie Slater misquotes a case
In Dewey v. Volkswagen, the parties negotiated and the district court approved a settlement that violates Supreme Court and Third Circuit precedent, which makes reversal likely. What's a class counsel to do? Make up new precedent!
Apple Magsafe class action settlement objection
We've objected to the Apple Magsafe class action settlement, which was recently criticized by AtlanticWire. Details at Point of Law.
Sixth Circuit brief in Pampers Dry Max class action
Details at Point of Law. Fortunately, Procter & Gamble is not my client, as they will be exceedingly unimpressed that we mortifyingly spelled their name wrong throughout the brief. At least the law is right.
Ninth Circuit briefing in In re HP Inkjet complete
See if you can spot the big math error in the HP brief before you read the reply brief.
Festivus update
In the Toys "R" Us baby products antitrust case, the E.D. Pa. approved a settlement and fee request that pays $14M to attorneys and $8.1M to class members over our objection. Law.com describes it as a "24% recovery for the class"; if that's accurate, that raises the question why there will be another $13 million of payments to cy pres recipients not disclosed to the class instead of to the class. Aside from the fact of…
Ninth Circuit cy pres victory in Nachshin v. AOL
We've been at the forefront of noting the problem of abusive cy pres; originally intended as a last resort "second-best" way to benefit the class after resolution of a case where there is leftover money, too many class actions use cy pres as a first resort to exaggerate the class benefits, or to siphon some of those benefits to the class attorneys or the defendants or, shockingly, the judge. A couple of recent decisions…
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