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Blog post“Group litigation takes various forms, with varying formality. Traditional class actions under Federal Rule of Civil Procedure 23, for example, proceed under well-established procedural safeguards to ensure that the named plaintiffs are appropriate class representatives. But so-called ‘collective actions’ under the Fair Labor Standards Act proceed, well, differently, with district courts applying ad hoc tests […]
The post U.S. Fifth Circuit Clarifies Standard for Collective Actions un -
Blog postA class action was brought for over 160,000 small retailers who used CPAY for credit card processing. Rather than employing its loosely affiliated agents, CPAY uses form contracts with blanks for the pricing terms, which are subject to negotiation. Individual retailers can select from two basic pricing schemes – “pass-through” or “tiered”. Both focus on […]
The post U.S. Eighth Circuit Court of Appeals Affirms Class Certification of Civil RICO Claims by Retailers against Credit Card P -
Blog postThe main ethical concern regarding any response a lawyer may make to an online review is maintaining confidentiality of client information. As advised in Formal Ethics Opinion No. 480, lawyers cannot blog about information relating to a client’s representation without client consent, even if they only use information in the public record, because the information […]
The post ABA Issues Guidance to Lawyers in Responding to Online Criticism appeared first on Gravier House.
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Blog postThe plaintiff was injured in an automobile accident and retained an attorney to file suit on her behalf. The suit was not filed timely, and a legal malpractice action ensued. The defendant in the legal malpractice case argued that the plaintiff should be limited to the policy limits that would have applied to the underlying […]
The post Louisiana Supreme Court Holds that Lack of “Collectibility” Is Not a Defense to Legal Malpractice appeared first on Gravier House.
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Blog post“Plaintiff alleges a law firm formerly representing the plaintiff acted in bad faith and/or with malice in filing evidence of a claimed lien for attorney fees and costs into the record of an arbitral proceeding, which involved the plaintiff’s efforts to collect an alleged debt. Plaintiff further alleges the law firm was similarly motivated when […]
The post Louisiana Supreme Court Sustains Potential Claim Against Law Firm under Abuse of Right Doctrine for the Alleged Filing of a Lien -
Blog postThe Standing Committee on Ethics and Professional Responsibility issued an opinion regarding lawyers working remotely. The Committee initially notes that: “Lawyers, like others, have more frequently been working remotely: practicing law mainly through electronic means. Technology has made it possible for a lawyer to practice virtually in a jurisdiction where the lawyer is licensed, providing […]
The post ABA Issues Formal Opinion re Attorneys Working Remotely appeared first on G -
Blog postIn 2015, the State of Arkansas adopted Act 900 in response to concerns that the reimbursement rates set by Pharmacy Benefits Managers (PBMs) were often too low to cover pharmacies’ costs, and that many pharmacies, particularly rural and independent ones, were at risk of losing money and closing. Under the Act, PBMs are required to […]
The post U.S. Supreme Court Takes a Step Back on ERISA Preemption, Allowing States to Regulate PBMs appeared first on Gravier House.
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Blog postThe U.S. Seventh Circuit recently addressed “a recurring problem in class-action litigation known colloquially as ‘objector blackmail.’ The scenario is familiar to class-action litigators on both offense and defense. A plaintiff class and a defendant submit a proposed settlement for approval by the district court. A few class members object to the settlement but the […]
The post U.S. Seventh Circuit Disgorges Payoff to Settlement Objector appeared first on Gravier House.
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Blog postPlaintiffs obtained residential mortgage loans from Eagle Nationwide Mortgage Company, who referred them to Genuine Title for title and settlement services. Plaintiffs allege that, as part of an illegal kick-back scheme, a portion of the payments they made to Genuine Title was split with Eagle, in violation of the Real Estate Settlement Procedures Act. As […]
The post Maryland District Court Certifies Class Action alleging RESPA Violations appeared first on Gravier House.
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Blog postAfter Allstate agreed to continue the trial and submit the case to mediation, the Court issued an order requiring each party to attend; while counsel or some other representative was permitted, the Court required that he or she have full settlement authority. While the medical bills alone totaled more than the $75,000 in UM coverage […]
The post Alabama Circuit Court Sanctions Allstate for Repeated Violation of the Court’s Mediation Orders appeared first on Gravier House.
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