- Big win for Ted Frank’s objector project in Walgreens case: “Posner opinion blasts class actions that are ‘no better than a racket'” [ABA Journal, Kevin LaCroix/D and O Diary, Cook County Record]
- “It’s a bonus if they went [to the hospital] in an ambulance”: litigation funding moves into mainstream [Sara Randazzo, WSJ]
- Class actions and lawyer collusion: why the Supreme Court should review Schulman v. LexisNexis [Ilya Shapiro and Jayme Weber, Cato]
- “Should Judges Allow Juries To Hear A Windfall May Be Bad For A Plaintiff?” [Kyle White, Abnormal Use]
- California Supreme Court OKs basing class action fees on settlement size rather than hours worked [Alison Frankel, Reuters; earlier on Laffitte v. Robert Half International]
- “Contra Plaintiffs’ Bar, Registering to Do Business Does Not Create General Jurisdiction” [Mark Moller, Washington Legal Foundation]
Another unanimous loss for Obama, another trip to the dunking booth for the Equal Employment Opportunity Commission: my new Cato post on last week’s Supreme Court decision on the proper standard for awarding attorneys’ fees to prevailing defendants in Title VII employment discrimination cases. Justice Thomas has it right in his concurrence: the ruling at hand is all well and good, but the Court needs to go further and rethink precedents that bend over backward to give prevailing employment plaintiffs a set of fee entitlements that it does not allow to prevailing defendants (& welcome SCOTUSBlog readers).
And so it goes: three former line cooks will get $3,540, their lawyer $15,700 as chef Bryan Voltaggio and business partner Hilda Staples (whose Volt and Family Meal restaurants are among my favorites) settle overtime claims [Frederick News-Post]
A familiar roster of plaintiff’s firms keep grabbing profitable lead positions in mass litigations that begin with multiple filings in different states. Judges and critics suspect that committees are often overstaffed to set up a likelihood of higher fees, and that cozy mutual backscratching helps allocate lucrative positions to repeat players in the club. [Amanda Bronstad, National Law Journal]
Cato’s Caleb Brown talks with attorney J. Cabou about the legal fight over Arizona’s civil asset forfeiture law, which authorizes “one-way” fees to be made available to prevailing law enforcement, but not to prevailing citizens. Note, by the way, that the (very real) due process objections to one-way fee-shifting are in many ways equally applicable to one-way fee-shift provisions found in numerous other areas of law, including discrimination and environmental statutes.
Shot: Jury awards Colorado discrimination plaintiff $19,000.
Chaser: “Then, her lawyers filed a motion for attorney’s fees and costs. They requested $575,683.83.”
To learn how it all turned out, follow the link. [Eric B. Meyer, Employer Handbook]
“Only two of the estimated 232,000 class members claimed the coupons” in a class action led by Edelson McGuire LLP. Defendant Dick’s Sporting Goods “agreed not to oppose the plaintiff’s request for $210,000 in attorney fees and costs and a $3,500 incentive award,” but an Orange County, Calif. judge took away a large chunk of that sum because… why? Because some of the lawyers angling for it had not been admitted to practice in California, that’s why. [Kenneth Ofgang, Metropolitan News-Enterprise; Golba v. Dick’s Sporting Goods, unpublished]
- One Oklahoma official used asset forfeiture to pay back his student loans, another lived rent-free in a confiscated house [Robby Soave, Reason]
- Per ACLU, Arizona has a one-way legal fee rule in forfeiture cases, with prevailing police allowed to collect from property owner but not vice versa [Jacob Sullum]
- From Michael Greve, some thoughts on prosecution for profit and where money from public fines should go [Liberty and Law]
- About the Benjamins: Philadelphia mayor-to-be cites revenue as reason to let parking officers ticket sidewalk users [Ed Krayewski, Reason]
- Captive market: with wardens’ and sheriffs’ connivance, prison phone companies squeeze hapless families [Eric Markowitz, IB Times]
- Former red light camera CEO pleads guilty to bribery, fraud in Ohio [Cyrus Farivar, Ars Technica]
- Taxpayers lose as Maine counties jail indigents over unpaid fines [Portland Press-Herald]
- “St. Louis County towns continue to treat residents like ATMs” [Radley Balko]
A San Francisco jury has found no improper gender discrimination or retaliation by Kleiner Perkins and returned a defense verdict in Ellen Pao’s high-profile lawsuit [Mashable, Roger Parloff/Fortune (noting judge’s evidentiary rulings favorable to Pao)] Pao’s “lawyers also missed out on a payday that could have reached into the millions of dollars.” In particular, “had Pao won on any of her claims, under California law her legal team, led by longtime San Francisco employment lawyers Alan Exelrod and Therese Lawless, could have sought all its fees from Kleiner.” [Reuters] One-way fee-shifting rules like those in discrimination law, especially with the further “win on any claim, collect all legal fees including those spent pursuing losing claims” refinement, diverge sharply from the principles of two-way loser pays followed in other advanced nations, but have the result (and the intent) of strongly incentivizing speculative litigation. The only real way to go further would be to order defendants to pay both sides’ fees even when the defendants win outright, as Kleiner did; but as of yet even California law does not go that far.
P.S. Apparently even a lost case counts as valuable promotion for the California plaintiff’s employment bar [Margaret Cronin Fisk, Bloomberg, auto-plays]
- Bi-counsel-ar? “Lawyer Defending Congressman’s Wife in Bigamy Case Accuses Client of Having a Second Lawyer” [Slate]
- “Why tort liability for data breaches won’t improve cybersecurity” [Stewart Baker]
- Pennsylvania passes a new gun law, and suddenly liberal standing with attorney fee shifting stops being the progressive position [Harrisburg Patriot-News]
- “Letting a case die like a pet rat forgotten in the garage” [Ken at Popehat on Todd Kincannon challenge to South Carolina state bar discipline threats]
- Getting to it late: hour-long Cato podcast with Randy Barnett on his book Structure of Liberty including Aaron Ross Powell, Trevor Burrus;
- Once a fun party town, New Orleans now will ban vaping in private clubs and while waiting in line at drive-throughs [Christopher Fountain, Ronald Bailey on vaping bans and public health] More: Bailey on exaggeration of risks, Jacob Sullum on California proposal;
- Colorado legislature looks serious about tackling liability reform [Denver Business Journal]