Litigation

Judge Posner Identifies Some Warning Signs Of An Unfair Class Settlement

The Seventh Circuit Appeals Court recently rejected a class action settlement that Judge Richard Posner found “inequitable – even scandalous.” The opinion identified myriad warning signs that demonstrated that the settlement “flunked the ‘fairness’ standard,” and should have been rejected by the district court.

Why Even A ‘Bad Guy’ Won’t Have to Pay Your Attorneys’ Fees

Why are so few cases declared “frivolous,” and award of actual attorneys’ fees for filing bad faith lawsuits so few and far between? Varnum LLP attorney William Rohn posits the theory that when it comes to a litigant’s motives, they’re innocent until proven guilty.

Are Teacher Tenure and Seniority Really Unconstitutional?

This week’s Vergara v. State of California trial court decision will make it easier for California school districts to keep new teachers in “at will” probationary status longer, to fire tenured teachers, and to lay off bad teachers with a lot of seniority. As a lawyer for school districts, that sounds pretty good, but attorney Michael Hersher argues the reasoning and the factual underpinnings in the Vergara decision are seriously flawed.

Attorney Fee Ruling In ADA Appeal Creates Defendant Bargaining Chip

A decision by the Ninth Circuit Court of Appeals provides the defendant in an ADA case with the possibility of […]

Judge Posner Declares Sherlock Holmes In Public Domain

Sherlock Holmes is in the public domain, the Seventh Circuit Court of Appeals has ruled, dealing a loss to the […]

Study: Insider Trading Rampant

A study by professors at NYU and McGill looked at market movements before hundreds of M&A deals from 1996 through […]

Plaintiff Blog: Goliath Jailing David In Criminal Employment Cases

Instances of employers pursuing criminal charges against former employees are on the rise, according to Florida employment lawyer Donna Ballman. […]

Pom Wonderful Prevails vs Coca-Cola In Supreme Court

Coca Cola had maintained its label strictly adhered to the requirements of the Federal Food Drug and Cosmetic Act and that should preclude any further claims.

Appeals Court Judge Conflict Of Interest Reopens Exxon Case

On May 15th, a case the New Orleans-based Fifth U.S. Circuit Court of Appeals had dismissed as “frivolous” in 2007 […]

Pitched Litigation Battle Between Climate Change Adversaries Divides Liberals

An update on a controversy that goes back to 2012, when climate scientist Michael Mann, creator of the so-called hockey […]

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