Articles

Of course, the answer is no, but that is precisely what the Southern District of New York did in Blessing v. Sirius XM Radio.  PLF filed a brief today arguing that the federal courts are just as bound by equal protection as is Congress and the President. … ...

Last year, you may have heard about the allegations that Toyota cars were experiencing “sudden, unintended acceleration”—that is, that the cars would suddenly just start going when the driver didn’t want them to. There turns out to be no reliable evidence to support these allegations, but that hasn’t stopped opportunistic ...

Today, PLF filed this amicus brief  in the Supreme Court in support of certiorari in Merrill Lynch v. McReynolds.  This is a very interesting case that crosses over into two PLF projects: Free Enterprise and Equality Under the Law. In Merrill Lynch, disgruntled employees are suing Merrill Lynch for disparate impact discrimination.  They allege ...

We will be closely monitoring the hearing tomorrow in Blessing v. Sirius XM Radio, Inc.  As explained by Ted Frank over at Above the Law, the crux of the appeal has to do with a windfall for the class action attorneys — who provided little to no benefit to the class members. While PLF is … ...

Today, PLF submitted an amicus brief in the California Supreme Court in Duran v. U.S. Bank Nat’l Ass’n – a case which asks whether plaintiffs can make an end run around the usual procedures governing lawsuits if they proceed as a class action. In this case, Sam Duran and Matt Fitzsimmons brought a class action … ...

After a reign of two years, Pennsylvania has given up its crown.  California now claims the woeful title of worst place for civil justice in the nation.  This critique may be due in part to the fact that, according to the American Tort Reform Association, California is the “undisputed heavyweight champion of the consumer class action.̶ ...

A recent New York Times article reports that many scholars believe the Roberts Court is more pro-business than its predecessors. To support this claim, they point mostly to procedural decisions, especially limits the Court has put on class action lawsuits. It is bizarre to call this Court more “pro-business” than its predecessors simply ...

Last week, district court judge Charles Breyer may have written the last chapter of Wal-Mart v. Dukes, when he denied the plaintiffs’ renewed attempt to bring a massive class-action lawsuit against Wal-Mart for sex discrimination.  Remarking on the path of the infamous lawsuit, the brother of Supreme Court Justice Stephen Breyer wrote, ̶ ...

Today the Washington Supreme Court issued an opinion in Hill v. Garda, which, unsurprisingly, demonstrated the lasting contempt among courts for arbitration agreements.  In Hill, a group of Garda employees brought a lawsuit against Garda for purported wage and hour violations.  Garda asked the district court to compel arbitration pursuant to an a ...