We’ve always hated the concept of cy pres class action settlements. A cy pres distribution is an admission that, even without opposition, the plaintiffs cannot prove who was injured and by how much. Cy pres also takes money supposedly belonging to the injured class and give it to charities not injured by anyone, so the
What happens when you have a class action where some putative class members suffered an injury while others did not? Can such a proposed class even be certified? The answer depends on whom you ask. The plaintiffs/class representatives will surely point out that whether any individual class member actually suffered a compensable injury is a
This post comes from the Cozen O’Connor side of the blog.
Today’s story is about a class action, one in which the defendant was sued for labeling its product “No Sugar Added” even though everyone involved, including the plaintiff, understood from the very start that no sugar had been added to the defendant’s product.
It’s vacation time for many of our colleagues. Bexis shrewdly commenced a hiking holiday in Kauai, just in time to greet a hurricane. We were less adventurous. For us, it was enough to knock back poutine and ice wine and walk the old city walls in Quebec. There was one excursion to watch the Drug
Nothing emphasizes the impermanence of just about everything as Hawaii – where Bexis is right now on vacation. On Kauai, Bexis had a boat drop scheduled to Kalalalu Beach, for three days on the Kalalau Trail, all permits obtained. But several months ago, the heavens opened, and the Na Pali Coast received
This post comes solely from the Cozen O’Connor side of the blog.
The MDL court in the Testosterone Replacement Therapy (“TRT”) litigation involves more than just individual product liability cases. It includes a class action. In particular, a single named plaintiff, Medical Mutual of Ohio (“MMO”), seeks to represent a class of third-party payers
Greetings, August! These are called the Dog Days of Summer, but a lot more gets done this month than you might think. Sure, we usually take our vacation in August. And yes, there are some especially silly official days in August, e.g. Wiggle Your Toes Day (6th), Sneak Some Zucchini onto Your Neighbor’s
The other day Law 360 published a piece, “Bristol-Myers Unlikely To Shake Up Class Action Landscape,” which opined that, “in the end, the effect of Bristol-Myers on the national class action landscape is likely to be minimal.” One basis for that conclusion was “[I]t is unlikely that a majority of federal appellate courts will
This post comes only from the Cozen O’Connor side of the blog.
Plaintiffs’ lawyers wanted to file a class action premised on the recovery of costs spent monitoring and replacing allegedly defective defibrillators manufactured by St. Jude Medical LLC. And they wanted to file it in Illinois. So they recruited a putative class representative,
This DDL blogger happens to have a relatively new teenager in the house. And said teen has been working on an assignment related to the novel by Lois Lowry, “The Giver.” If you are unfamiliar with the book or the more recent movie adaptation (and if you only know the movie, we recommend the book