Jonathan Selbin on the Future of Class Actions in Bloomberg Law

Jonathan Selbin on the Future of Class Actions in Bloomberg Law

The Supreme Court’s recent decision in Bristol-Myers Squibb Co. v. Superior Court on jurisdictional limits to lawsuits may have a significant impact on the size and location of class action lawsuits

Bloomberg News is wrapping up 2017 with an examination of the future of class action law in light of Bristol-Myers Squibb v. Superior Court (“BMS”), a case focusing on jurisdictional limits on cases against corporations. “It’s too early to tell how the courts will apply BMS to class actions, but class action litigators are preparing to go to war over where class suits, particularly nationwide suits, can now be filed.” With overweening corporations as the target of most class suits, it seems clear the defense bar will push for a reduction in the scope and size of aggregate actions via what they see as BMS’s proscription of expanded jurisdiction, while plaintiffs will seek to convince courts that BMS is inapposite and should not be held to constrict use of the class action mechanism to obtain judgments for the fraudulent misconduct of the corporate world. [Read more…]

Rachel Geman Talks to the Washington HeraldNet About Customer Fury Over Fraudulent Short-Term Health Plans

Rachel Geman Talks to the Washington HeraldNet About Customer Fury Over Fraudulent Short-Term Health Plans

While short-term medical health plans have received recent White House support, numerous lawsuits have been filed nationwide by angry customers disputing exclusions over pre-existing conditions and the outright denial of claims under these reduced-duration insurance policies. [Read more…]

Mark Chalos in the Tennessean on the Brentwood Academy Negligence Lawsuit and Damages Caps

Mark Chalos in the Tennessean on the Brentwood Academy Negligence Lawsuit and Damages Caps

A civil lawsuit against Brentwood Academy accusing the Nashville prep school of negligence and fact concealment relating to an allegedly pervasive pattern of bullying, sexual harassment, assault and sexual assault is seeking $30 million in combined damages. Brentwood Academy is accused of allowing teenage male students to repeatedly harass and sexually assault a classmate, and then downplaying the attacks and failing to report the incident to authorities. In addition to seeking justice for the plaintiff, the lawsuit will also test the constitutionality of Tennessee’s lawsuit damages caps. [Read more…]

Increasing Diversity in Leadership Positions – Elizabeth Cabraser in Trial Magazine

Increasing Diversity in Leadership Positions - Elizabeth Cabraser in Trial Magazine

The American Association for Justice’s “Diversity in the Law” June 2017 issue of Trial magazine includes a new article by Lieff Cabraser founding partner Elizabeth Cabraser on “Five Ways to Increase Leadership Diversity in the Courtroom.” Focusing on inclusivity among counsel in large multidistrict litigation and class actions, the piece sounds a call for increased diversity in court-appointed leadership positions, and goes on to provide specific tips on how lawyers can work to ensure increased leadership positions for female lawyers, attorneys of color, and members of the LGBT community. [Read more…]

Mark Chalos in The Tennessean on United Airlines as the Iceberg’s Tip of Bad Corporate Behavior

Mark Chalos in The Tennessean on United Airlines as the Iceberg's Tip of Bad Corporate Behavior

Lieff Cabraser Nashville office Managing Partner Mark Chalos is no fan of unleashed corporations. As an opinion piece in The Tennessean makes clear, Chalos sees incidents like United Airlines’ recent behavior with respect to a physician manhandled off a flight to make room for an airline employee as emblematic of a system where critical regulation has been steadily eroded, of years of corporate efforts to “eliminate the mechanisms that hold them accountable for their bad behavior.” [Read more…]

Judges Opting for Rapid Self-Education in Complex Cases

Judges Opting for Rapid Self-Education in Complex Cases

The Recorder reveals that in a wide variety of complex cases, judges are rising to the challenges posed by arcane and multiplex underlying factual issues by seeking to rapidly educate themselves about the nuances of various detailed and complex matters. These topics often include matters of science and technology as well as patent and invention strategies. In some instances, judges have taken the unusual step of asking scientists and inventors to make presentations at tech tutorials in an effort to bypass advocacy in pursuit of more straightforward info. [Read more…]

American Progressives Band Together For Resistance In The Trump Era

American Progressives Band Together For Resistance In The Trump Era

As many as five million people nationwide attended the Women’s March on January 21. The following week, 175,000 individuals showed up at airports and public squares protesting the Muslim travel ban, with 50,000 more standing forth in other similar protests by early March. Around 150,000 people are regularly attending their congressional representatives’ town halls or appearing at “Resist Trump” Tuesday events. [Read more…]

Female Lawyers Continue to Struggle with Shattering the Glass Ceiling

Female Lawyers Continue to Struggle with Shattering the Glass Ceiling

Over the past five years, only 16.5% of lead attorney spots have gone to female lawyers in the still largely male-dominated realm of multidistrict litigation (MDLs). In spite of the progress women have made in the law generally, and some growth in MDL leadership positions, female lawyers are still outnumbered 3 to 1 in MDLs by their male counterparts, reports Law360. [Read more…]

Kenneth Byrd in Nashville Scene on Big Tobacco Sponsorship of Schools

Kenneth Byrd Quoted in Nashville Scene on Tobacco Sponsorship of Schools

The Nashville Scene reports that cigarette giant Phillip Morris, now known as Altria, will be the founding sponsor of the 7th Annual Academies of Nashville gala, an event put on by the Nashville Chamber of Commerce honoring teachers and principals, and recognizing partnerships between business and schools. [Read more…]

New Bill Focuses on Class Actions: What Does This Mean For Defense and Plaintiffs’ Attorneys?

New Bill Focuses on Class Actions: What Does This Mean For Defense and Plaintiffs’ Attorneys?

A new bill focusing on class actions was approved by the House Judiciary Committee on February 15th on a 19 to 12 vote. Known as the 2017 Fairness in Class Action Litigation Act (H.R. 985), the legislation was introduced February 9 by committee chairman Bob Goodlatte (R-Va.). [Read more…]