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	Comments on: Judge orders man to take down Facebook comments critical of McDonald&#8217;s class action settlement	</title>
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	<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 11 Mar 2013 22:08:32 +0000</lastBuildDate>
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		<title>
		By: steve mansfield		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-202548</link>

		<dc:creator><![CDATA[steve mansfield]]></dc:creator>
		<pubDate>Mon, 11 Mar 2013 22:08:32 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-202548</guid>

					<description><![CDATA[As a former judge I am shocked and appalled by the clearly unconstitutional act by this judge. Perhaps another example of PC (which is the McCarthyism of the Left) gone wild as this judge is obviously trying to stifle a conservative critique of the abuse of the class action system perpetrated by the Trial Bar, one of the biggest funders of liberal causes.]]></description>
			<content:encoded><![CDATA[<p>As a former judge I am shocked and appalled by the clearly unconstitutional act by this judge. Perhaps another example of PC (which is the McCarthyism of the Left) gone wild as this judge is obviously trying to stifle a conservative critique of the abuse of the class action system perpetrated by the Trial Bar, one of the biggest funders of liberal causes.</p>
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		By: Free speech roundup - Overlawyered		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-202488</link>

		<dc:creator><![CDATA[Free speech roundup - Overlawyered]]></dc:creator>
		<pubDate>Mon, 11 Mar 2013 04:30:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-202488</guid>

					<description><![CDATA[[...] Blogger dropped as defendant in &#8220;pink slime&#8221; defamation litigation, but suit against ABC and others continues [Bettina Siegel/Lunch Tray] Suit against ABC based in part on state food-disparagement statute occasionally criticized in this space [Reuters] Dearborn residents: are you sure you want to patronize a restaurant that deploys lawyers to suppress criticism? [Paul Alan Levy, earlier] [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Blogger dropped as defendant in &#8220;pink slime&#8221; defamation litigation, but suit against ABC and others continues [Bettina Siegel/Lunch Tray] Suit against ABC based in part on state food-disparagement statute occasionally criticized in this space [Reuters] Dearborn residents: are you sure you want to patronize a restaurant that deploys lawyers to suppress criticism? [Paul Alan Levy, earlier] [&#8230;]</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201520</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Thu, 28 Feb 2013 19:19:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201520</guid>

					<description><![CDATA[ParatrooperJJ,

True, assuming a valid contempt charge.  My understanding is that a court can not issue a contempt charge against someone not already subject to its jurisdiction.  So the MI court would not be able to issue a contempt charge or an arrest warrant for it against someone outside of MI that re-posts the criticism of the class action settlement.]]></description>
			<content:encoded><![CDATA[<p>ParatrooperJJ,</p>
<p>True, assuming a valid contempt charge.  My understanding is that a court can not issue a contempt charge against someone not already subject to its jurisdiction.  So the MI court would not be able to issue a contempt charge or an arrest warrant for it against someone outside of MI that re-posts the criticism of the class action settlement.</p>
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		<title>
		By: ParatrooperJJ		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201515</link>

		<dc:creator><![CDATA[ParatrooperJJ]]></dc:creator>
		<pubDate>Thu, 28 Feb 2013 17:45:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201515</guid>

					<description><![CDATA[An arrest warrant for a contempt charge would be valid nationwide, not just in MI.....]]></description>
			<content:encoded><![CDATA[<p>An arrest warrant for a contempt charge would be valid nationwide, not just in MI&#8230;..</p>
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		<title>
		By: Paul Alan Levy		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201463</link>

		<dc:creator><![CDATA[Paul Alan Levy]]></dc:creator>
		<pubDate>Thu, 28 Feb 2013 03:53:03 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201463</guid>

					<description><![CDATA[&lt;b&gt;Hugo Cunningham&lt;/b&gt; has pegged our views accurately.  Although we have taken no position on the propriety of &lt;b&gt;this&lt;/b&gt; class action settlement, my colleagues at Public Citizen have been deeply involved in the developing law of challenges to unfair and collusive class action  settlements, going back to the &lt;i&gt;Georgine&lt;/i&gt; case and even before.   I myself did one of Public Citizen&#039;s first cases in this area, a challenge to the settlement of a class action in federal court in St. Louis over  Chrysler&#039;s odometer tampering back in the 1980&#039;s.    The practice continues today -- the Ninth Circuit just denied en banc reconsideration of our challenge to the the cy pres settlement in a class action against Facebook for its Beacon program.  
 
We see the class action as an absolutely essential remedial tool, for example in cases where individual claims are too small to justify paying a lawyer to litigate them.  At the same time there is a tendency for defendants to collude with plaintiffs&#039; lawyers in some cases to settle for as little as possible for the class -- a race to the bottom, as it were.  By keeping the class action settlement process honest, we preserve this essential tool.]]></description>
			<content:encoded><![CDATA[<p><b>Hugo Cunningham</b> has pegged our views accurately.  Although we have taken no position on the propriety of <b>this</b> class action settlement, my colleagues at Public Citizen have been deeply involved in the developing law of challenges to unfair and collusive class action  settlements, going back to the <i>Georgine</i> case and even before.   I myself did one of Public Citizen&#8217;s first cases in this area, a challenge to the settlement of a class action in federal court in St. Louis over  Chrysler&#8217;s odometer tampering back in the 1980&#8217;s.    The practice continues today &#8212; the Ninth Circuit just denied en banc reconsideration of our challenge to the the cy pres settlement in a class action against Facebook for its Beacon program.  </p>
<p>We see the class action as an absolutely essential remedial tool, for example in cases where individual claims are too small to justify paying a lawyer to litigate them.  At the same time there is a tendency for defendants to collude with plaintiffs&#8217; lawyers in some cases to settle for as little as possible for the class &#8212; a race to the bottom, as it were.  By keeping the class action settlement process honest, we preserve this essential tool.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201462</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Thu, 28 Feb 2013 03:52:50 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201462</guid>

					<description><![CDATA[Until the injunction is overturned, others should repost the same criticism of the settlement. The judge is a county judge and so has no jurisdiction outside Michigan.]]></description>
			<content:encoded><![CDATA[<p>Until the injunction is overturned, others should repost the same criticism of the settlement. The judge is a county judge and so has no jurisdiction outside Michigan.</p>
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		<title>
		By: David Smith		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201453</link>

		<dc:creator><![CDATA[David Smith]]></dc:creator>
		<pubDate>Thu, 28 Feb 2013 00:37:16 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201453</guid>

					<description><![CDATA[Under the principal of &quot;truth as an absolute defense&quot; (yeah, I know.  ONLY the US includes that in its applied law) if he can prove what he said is the truth or opinion (opinion is by definition &quot;the truth&quot; - how can you lie about the truthfulness of your truthfulness about you thoughts) if this shows up in actual court (the lawyers will NOT permit it) the battle could get interesting  - and deadly ugly.]]></description>
			<content:encoded><![CDATA[<p>Under the principal of &#8220;truth as an absolute defense&#8221; (yeah, I know.  ONLY the US includes that in its applied law) if he can prove what he said is the truth or opinion (opinion is by definition &#8220;the truth&#8221; &#8211; how can you lie about the truthfulness of your truthfulness about you thoughts) if this shows up in actual court (the lawyers will NOT permit it) the battle could get interesting  &#8211; and deadly ugly.</p>
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		<title>
		By: Mark Hartzler		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201448</link>

		<dc:creator><![CDATA[Mark Hartzler]]></dc:creator>
		<pubDate>Wed, 27 Feb 2013 21:24:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201448</guid>

					<description><![CDATA[&quot;They have been associated with Ralph Nader, not known as an advocate of tort reform, but perhaps they figure that abusive class action settlements give class action suits in general a bad name.&quot;

True, but Public Citizen isn&#039;t taking a position on the appropriateness of the settlement or whether this is an appropriate class action. It&#039;s the free speech angle, in my opinion, that pulled Paul Levy into the case. The Judge sees a lawyer trying to muscle into a class action settlement and Paul Levy sees an activist protesting an unfair settlement. I&#039;m firmly in activist camp and hope the injunction is vacated and the class opt-out period is extended.]]></description>
			<content:encoded><![CDATA[<p>&#8220;They have been associated with Ralph Nader, not known as an advocate of tort reform, but perhaps they figure that abusive class action settlements give class action suits in general a bad name.&#8221;</p>
<p>True, but Public Citizen isn&#8217;t taking a position on the appropriateness of the settlement or whether this is an appropriate class action. It&#8217;s the free speech angle, in my opinion, that pulled Paul Levy into the case. The Judge sees a lawyer trying to muscle into a class action settlement and Paul Levy sees an activist protesting an unfair settlement. I&#8217;m firmly in activist camp and hope the injunction is vacated and the class opt-out period is extended.</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201443</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 27 Feb 2013 20:15:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201443</guid>

					<description><![CDATA[I was interested to read that Public Citizen are the white knights in this case.  They have been associated with Ralph Nader, not known as an advocate of tort reform, but perhaps they figure that abusive class action settlements give class action suits in general a bad name.]]></description>
			<content:encoded><![CDATA[<p>I was interested to read that Public Citizen are the white knights in this case.  They have been associated with Ralph Nader, not known as an advocate of tort reform, but perhaps they figure that abusive class action settlements give class action suits in general a bad name.</p>
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		<title>
		By: No Name Guy		</title>
		<link>https://www.overlawyered.com/2013/02/judge-orders-man-take-facebook-comments-critical-mcdonalds-class-action-settlement/comment-page-1/#comment-201440</link>

		<dc:creator><![CDATA[No Name Guy]]></dc:creator>
		<pubDate>Wed, 27 Feb 2013 19:15:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=36488#comment-201440</guid>

					<description><![CDATA[Judge Kathleen MacDonald, please report to remedial 1st Amendment Constitutional Law class.  We&#039;re up to 2 students here in the last couple of weeks.]]></description>
			<content:encoded><![CDATA[<p>Judge Kathleen MacDonald, please report to remedial 1st Amendment Constitutional Law class.  We&#8217;re up to 2 students here in the last couple of weeks.</p>
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