Federal judge’s gender and race requirements for class-action lawyers may merit review, Alito says

The U.S. Supreme Court has refused to hear a challenge to a federal judge’s order that three law firms serving as class counsel staff the case with lawyers whose gender and race reflect the composition of the class. Justice Samuel A. Alito issued a statement supporting the cert denial but…

Nov 18, 2013 5:29 PM CST

House passes ‘lawsuit abuse’ bill reinstating mandatory Rule 11 sanctions; ABA opposes it

The U.S. House of Representatives has passed a “lawsuit abuse” bill that reinstates mandatory sanctions for frivolous claims in federal courts under Rule 11 of the Rules of Civil Procedure. The Lawsuit Abuse Reduction Act of 2013 passed the House on Thursday by a 228-195 vote, report Legal Newsline and…

Nov 15, 2013 4:59 PM CST

Class ruling in players’ suit against the NCAA is a split victory

Both sides declared victory when a federal judge certified a class action on Friday in a suit against the National Collegiate Athletic Association by athletes challenging the use of their likenesses without compensation. U.S. District Judge Claudia Wilken allowed the class action by current and former Football Bowl Subdivision and…

Nov 12, 2013 6:36 PM CST

Johns Hopkins pursues settlement in mandatory class action over gynecologist’s photos

A judge in Baltimore has conditionally OK’d a mandatory class action in a case brought by former patients of a deceased Johns Hopkins Hospital gynecologist accused of secretly photographing and filming women in examining rooms. Some 3,800 individuals are already represented by counsel in the case and the total number…

Nov 1, 2013 6:55 PM CDT

Judge sees no roadblock to digital billboard suit; how many road references did he use?

A federal judge in Washington, D.C., sees no roadblock to a nonprofit group’s challenge to federal guidance that paved the way for an increasing number of digital billboards. The opinion by U.S. District Judge James Boasberg was “heavily trafficked” with road references, according to The BLT: The Blog of Legal…

Oct 24, 2013 12:43 PM CDT

3rd Circuit says Delaware Chancery Court’s secret arbitration program trials violated 1st Amendment

A divided federal appeals court Wednesday said a novel attempt by a highly regarded state court to offer an alternative to private arbitration of corporate matters violates the First Amendment because it involves secret trials. Upholding a lower court’s determination but applying a somewhat different line of reasoning to arrive…

Oct 23, 2013 7:05 PM CDT

5th Circuit tosses deceptive trade practice claim in suit against Match.com

A federal appeals court has tossed a deceptive trade practices claim in a would-be class action against Match.com that alleged subscribers were misled about the number of active users on the website. The New Orleans-based 5th U.S. Circuit Court of Appeals said the plaintiffs had failed to state an unconscionability…

Oct 11, 2013 11:15 AM CDT

DOJ asks US attorneys to postpone or curtail civil litigation during shutdown

The federal courts may be open for business during the government shutdown, but business there is anything but routine. Criminal litigation continues without interruption, Third Branch News reports. But the Justice Department has asked (PDF) U.S. Attorneys across the country to curtail or postpone civil litigation that is not absolutely…

Oct 7, 2013 9:13 PM CDT

Infomercial king avoids jail, for now, because of contempt hearing delay caused by shutdown

TV pitchman Kevin Trudeau, accused of misleading viewers with claims about his weight loss book, may be grateful for the government shutdown. Trudeau faced a contempt hearing today for failing to pay a $37 million judgment in a deceptive marketing case brought by the Federal Trade Commission. But FTC lawyers…

Oct 4, 2013 11:54 AM CDT

‘Raging Bull’ copyright case will be heard by SCOTUS

The U.S. Supreme Court has agreed to decide whether the daughter of Jake LaMotta’s biographer may sue the movie studios profiting from DVD sales of Raging Bull, the 1980 film about the boxer’s life. The 2009 suit by Paula Petrella, daughter of biographer Frank “Peter” Petrella, alleges copyright infringement, report…

Oct 2, 2013 3:09 PM CDT

An ‘inflammatory’ opinion? Judge bars pre-emption defense absent a Wells Fargo resolution

A federal judge who agreed a homeowner’s predatory lending claim was pre-empted by federal law plans to take the case to a jury anyway—unless Wells Fargo submits a board resolution standing by the defense. U.S. District Judge William Young of Massachusetts called his pre-emption ruling “technical” and told Wells Fargo…

Oct 1, 2013 11:30 AM CDT

Situations you thought had vanished may rise to remind you that the law never forgets

Oct 1, 2013 5:40 AM CDT

Should Mississippi AG’s suit against LCD makers be heard in state court? SCOTUS to decide

The U.S. Supreme Court will hear arguments Nov. 6 in a case filed by Mississippi Attorney General Jim Hood against the makers of LCD screens. Hood claims the companies engaged in price fixing, resulting in higher prices that are illegal under Mississippi consumer protection law. The issue is whether the…

Sep 18, 2013 11:25 AM CDT

Supreme Court ruling in Baby Veronica case didn’t end the adoption dispute

Corrected: A Supreme Court ruling in June for the adoptive parents of the child known as Baby Veronica hasn’t ended the legal dispute over her custody. Baby Veronica just turned 4, and she is living with her father despite the Supreme Court’s ruling, the Washington Post reports. According to the…

Sep 16, 2013 4:43 PM CDT

11th Cir. slams university and lawyers, upholds $1M for workers who say black supervisor used N-word

A federal appeals court has upheld a $1 million bias award on behalf of three black or biracial employees of Alabama State University who claim their former superior, who is also black, used the N-word. The Atlanta-based 11th U.S. Circuit Court of Appeals began with a footnote of apology: “We…

Sep 5, 2013 10:44 AM CDT