CCAF Appeals Lithium Ion Batteries Antitrust Settlement

The Center for Class Action Fairness filed its opening brief in an appeal of the settlement in In re Lithium Ion Batteries Antitrust Litigation today, arguing that the Ninth Circuit should decertify the class and reverse the settlement approval. The settlement in this antitrust price-fixing case unlawfully reduces the recovery of class members who have stronger claims than others. In this type of settlement, relief distributed pro rata to a nationwide class is a false justice…

FCC Argues Against Mandamus in Charter Broadband Overbuild Review

Communications Daily profiles CEI's (and now HamLinc's) petition representing individuals taking the Federal Communications Commission to court over the 2016 Charter/Brighthouse/Time Warner cable merger. FCC inaction on the Competitive Enterprise Institute June 2016 petition for administrative reconsideration (see 1606100043) falls “far short” of an egregious-level delay that would justify a writ of mandamus, the agency said Friday in a docket 17-1261opposition filed with the U.S. Court of Appeals for the D.C. Circuit. It…

CCAF Appeal May Be the Cy Pres Case Supreme Court is Looking For

In 2013, Chief Justice John Roberts wrote an unusual statement concurring with the Court’s denial of review in another privacy case. Justice Roberts opined that the Supreme Court should “address more fundamental concerns surrounding the use of [cy pres] remedies in class action litigation, including when, if ever, such relief should be considered.”

Court Appoints Special Master to Investigate Overbilling in Anthem Class Action

“I would never have appointed you…had I known you were going to pile on 53 law firms on this case,” Judge Lucy Koh of the Northern District of California reportedly told class counsel Thursday in the data privacy settlement of In re Anthem, Inc. Data Breach Litigation. Judge Koh agreed with a motion filed by the Hamilton Lincoln Law Institute’s Center for Class Action Fairness that a special master should be appointed to investigate…

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