Allstate Katrina Class Action Defense Case-Vaz v. Allstate: Mississippi Federal Court Denies Motion For Certification Of Class Action Against Allstate Based On Hurricane Katrina Claims

Becky Yerak of the Chicago Tribune reports that a federal district court has denied a request to certify a class action of Mississippi policyholders against Allstate Insurance Company arising out of the handling of Hurricane Katrina claims, agreeing with defense attorneys that “each contract is a separate transaction” and that “[t]he storm was vastly different in its effect depending on the specific geographic location of each particular home.” Yerak notes that less than a month ago another Mississippi federal court denies a motion for class-action certification in a lawsuit against State Farm Fire & Casualty Company by its policyholders arising out of the Hurricane Katrina claims.

Certification of Class Actions Class Action Court Decisions Class Actions In The News Uncategorized

Class Action Law Firm Milberg Weiss Opens Checkbook To Keep Attorneys

As Defections Mount, Class Action Firm Offers Financial Incentives to Retain Lawyers We have devoted several articles to the trials facing class action plaintiff firm Milberg Weiss Bershad & Schulman, from its federal indictment for allegedly paying millions in kickbacks to clients to serve as class representatives to the continual loss of top attorneys. Now Nathan Koppel of the Wall Street Journal reports that Milberg Weiss has decided to fight defections with a different kind of kickback – bonuses and higher salaries for attorneys who stay with the firm.

Class Actions In The News Uncategorized

Class Action Labor Law Cases Again Lead Weekly Filings In California

As a service to class action defense attorneys, we recently began providing unofficial summaries of the categories of new class action lawsuits filed in California. It is our hope that this will permit defense attorneys to anticipate claims against which they may have to defend. This weekly, unofficial summary covers class actions filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas.

Class Actions In The News Uncategorized

Class Action Defense Cases-Federal District Court Grants Motion To Dismiss Putative Class Action Alleging 180Solutions Was A Spyware Company

Illinois Federal Court Gives Defense Latest Victory in Spyware Class Action Lawsuits

Eric Benderoff of the Chicago Tribune reports today that a federal district court has granted a motion to dismiss a putative class action against 180solutions (now known as Zango), and quotes the company’s Chief Compliance Officer as stating, “[Plaintiffs] claimed we were a spyware company and that we trespass on people’s computers. We don’t do that; we are invited on the customer’s computer.” This is but the latest defense victory against such class actions: Benderoff states, “So far, there has not been a successful class-action suit against software firms that are accused of planting unwanted and irritating spyware programs on computers.” However, the article identifies at least one lawsuit where plaintiff’s lawyer “successfully argued that spyware companies were trespassing on personal property” which Benderoff describes as “a tactic lifted from environmental law.” Recent governmental efforts to attack the spyware problem may prove more successful, and Benderoff notes that the Federal Trade Commission “has brought six cases to date under its unfair and deceptive practices authority while the Justice Department has pursued spyware cases using the Wiretap Act.”

Class Actions In The News Uncategorized

New Study Estimates Shareholder Risk For Options Backdating At $500 Million

Hot on the heels of Julie Creswell’s New York Times article on options backdating comes a report on the costs to shareholders as estimated by a new study expected to be published in the Michigan Law Review next year. That study, according to Eric Dash of the New York Times, was prepared by three University of Michigan researchers and reportedly concludes that while the backdating of stock options increased executive pay by an average of slightly more than 1%, the average decrease in market value was 8%.

Class Actions In The News Uncategorized

Defense Attorneys Facing Fewer Class Action Lawsuits Challenging Backdated Stock Option Awards

Plaintiff Lawyers Focus on Derivative Actions Rather than Class Action Lawsuits to Attack Stock Option Backdating Programs Defense attorneys have expressed surprise at the relatively limited number of class action lawsuits filed in the wake of options-backdating disclosures; Julie Creswell of the New York Times has noticed this, too. In today’s edition of the New York Times, Creswell provides a possible explanation for the dearth of class action filings: “Even when it is clear that options grant dates were manipulated, it is less clear how to calculate damage to specific shareholders.

Class Actions In The News Uncategorized

Class Action Labor Law/Overtime Claims Regain Top Spot In California Weekly Class Action Filings

To allow the class action defense lawyer to anticipate claims against which she or he may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. This report covers the time period from August 25 – August 31, 2006, and employment law cases regained sole possession of the top spot on the list.

Class Actions In The News Uncategorized

Indicted Class Action Firm Continues To Lose Attorneys And Close Offices–Latest Lawyer Switches To Defense

Class action plaintiff firm Milberg Weiss Bershad & Schulman LLP and two of the firm’s top partners, David Bershad and Steven Schulman – indicted in mid-May 2006 for paying millions of dollars in kickbacks to clients to serve as plaintiffs – continues to top-notch trial lawyers. The latest to leave, according to Julie Creswell of the New York Times, is Patricia Hynes, who joined Milberg Weiss in 1982. Ms. Hynes’ decision is particularly intriguing because she moves from representing class action plaintiffs to defense work at Allen & Overy.

Class Actions In The News Uncategorized

California Action Targets Hiring Of Illegal Immigrants Under California’s Unfair Competition Statute

Peter Prengaman of The Associated Press last night reported that a lawsuit has been filed in California by a company, Global Horizons, claiming that another company, Munger Bros., breached an agreement to hire 600 blueberry pickers so that it could instead hire illegal immigrants from two competing temporary placement agencies, Ayala Agricultural Services and J & A Contractors. Prengaman reports that the complaint is premised on California’s unfair competition laws, and quotes the President of Global Horizon as stating that “[the] hiring of illegal immigrants is hurting our business badly.

Class Actions In The News Uncategorized

California Defense Attorneys Face Slew Of New Public Accommodation/ADA Class Action Cases

To aid California class action defense attorneys in anticipating claims against which they may have to defend, we provide weekly, unofficial summaries of the legal categories for class actions filed in California state and federal courts in the Los Angeles, San Francisco, San Jose, Sacramento, San Diego, San Mateo, Oakland/Alameda and Orange County areas. Thus far, employment law cases have led the list each week since we began making these reports.

Class Actions In The News Uncategorized