Class Settlement Flaw Exposed in Case Over Smart Phone Batteries

Bloomberg Law discusses our ninth-circuit appeal in the lithium ion antitrust litigation: A possible vehicle for federal courts to revisit the inconsistent treatment comes in an appeal to the U.S. Court of Appeals for the Ninth Circuit by a class action advocacy group. The Center for Class Action Fairness is seeking to undo an October 2017 settlement in In Re: Lithium Ion Batteries Antitrust Litigation, a multi-district lawsuit on a price-fixing…

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April 17, 2018
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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…

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March 7, 2018
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State AGs Still Really Don’t Like Cy Pres Class Action Settlements

Because “[o]bjectors do not contest the value of the settlement” or plead that they suffered any out-of-pocket injury from Google’s conduct, the only question was whether it was “feasible” to distribute $8.5 million to a class with 129 million estimated members who performed searches through Google.

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February 13, 2018
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Court’s New Math in Subway Foot-Long Sub Lawsuit: Zero + Zero = Zero

"It was wonderful to see the principle vindicated," that cases without benefits to absent class members should not be certified.

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August 29, 2017
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Appeals Court Approves Google’s $8.5 Million Data Leak Settlement

Theodore Frank, an activist who founded the Class Action Fairness Center, objected to the deal on several grounds, including that some of them had prior relationships with Google as well as the lawyers representing the consumers.

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August 23, 2017
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Despite Objections, Facebook Message-Scanning Settlement Approved

William Chamberlain said the settlement offered little more to consumers than a 22-word statement set to be posted on a seldom-viewed Facebook help page. Chamberlain also objected to the more than $3.8 million in fees and costs the plaintiffs' legal team requested for its work.

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August 9, 2017
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Washington Examiner on MMoA Objection

Washington Examiner cites Anna St. John's piece on a class action suit involving the Metropolitan Museum of Art and how similar suits can harm cultural institutions. ... Cultural institutions harmed by lawsuits Anna St. John for the Competitive Enterprise Institute: A New York trial court recently approved a class-action settlement in a case filed against the Metropolitan Museum of Art based on its allegedly deceptive admissions policy. The settlement requires the Met…

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July 10, 2017
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3rd Circ. Asked To Nix Approval of $5.5M Google Privacy Deal

Not only did class counsel make no effort to distribute any money to the class here, but there are obvious conflicts of interest associated with the cy pres recipients, Frank asserted, noting that Google is a regular donor to four of the entities and co-lead class counsel Brian Strange is board chairman of another, Public Counsel.

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June 30, 2017
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Facebook User Says Privacy Deal Gives Class Nothing

In an objection filed Monday, class member Anna St. John, an attorney for a class action fairness group, said the deal unfairly enriches the attorneys involved and offers users only a scant, 22-word temporary change to one of Facebook's help pages.

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June 27, 2017
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The Recorder: Objectors Slam No-Cash Settlement in Facebook Message-Scanning Suit

"Cynical." That's the descriptor lawyers at the Competitive Enterprise Institute's Center for Class Action Fairness used to describe a proposed no-cash deal Facebook Inc. reached to settle a privacy class action earlier this year.

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June 27, 2017
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