My Photo

Twitter Updates

    follow me on Twitter

    December 2013

    Sun Mon Tue Wed Thu Fri Sat
    1 2 3 4 5 6 7
    8 9 10 11 12 13 14
    15 16 17 18 19 20 21
    22 23 24 25 26 27 28
    29 30 31        

    « Cert. Denied in T-Mobile USA, Inc. v. Laster | Main | Tyson Foods Wants Supreme Court to Redefine "Work" »

    TrackBack

    TrackBack URL for this entry:
    http://www.typepad.com/services/trackback/6a00d83451c66069e200e008c52a3e8834

    Listed below are links to weblogs that reference Probing Class Representatives for Ties to Class Counsel:

    Comments

    La Sala is hardly the end of the story. The recent CashCall decision essentially endorses the theory that a court retains jursidiction over a class, even when the lead plaintiff implodes, and even (as in CashCall) when the lead plaintiff lacked standing at the outset.

    In a consumer class action I am currently handling, the lead plainitff couldn't take the pressure of subpoenas to his relatives and other delightful conduct. He asked to withdraw. The court granted leave to issue a notice to a sample subset of class members, advising them about the action and that it would be dismissed if noone stepped forward to participate.

    Given that such a notice is authorized (or nearly mandated under a trial court's duty to protect the class), it makes almost no sense to say that the attorney can't initiate a communication. The notice is an attorney-initiated communication. It's sophistry to say that the recipient of the notice has to then contact the lawyer and that makes everything fine.

    Yes, it's bad to pay plaintiffs. Yes, it's unethical to promise to share fees to get a class client. We know this. The Milberg debacle is headline-grabbing, but it isn't common practice, especially in the field of wage & hour class actions.

    Of late I notice that, at the trial court level, personal bias is tainting the adjudication of class actions. The certification standards are being repeated in a fairly consistent manner at the appellate level. The trial courts need to accept those opinions and rule accordingly. Of course, the abuse of discretion standard is a license to take license.

    Virginia Lawyer

    Interested in a Link Exchange with a Virginia Law Blog?

    http://www.carlsoncollier.com/the-law/

    Verify your Comment

    Previewing your Comment

    This is only a preview. Your comment has not yet been posted.

    Working...
    Your comment could not be posted. Error type:
    Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

    The letters and numbers you entered did not match the image. Please try again.

    As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

    Having trouble reading this image? View an alternate.

    Working...

    Post a comment

    Comments are moderated, and will not appear until the author has approved them.

    Become a Fan

    AddThis Social Bookmark Button