President’s weekly report — April 1, 2016

Supreme Court member apologizes  Justice Ruth Bader Ginsburg today issued an apology today on behalf of all Justices, living and dead, who ever espoused the notion of a “living constitution.” Saying that she was visited by the ghost of her … Continue reading

Searching for an answer: Google petitions the Supreme Court

Last week, the Supreme Court issued its narrow decision in Tyson v. Bouaphakeo, allowing class certification in a case dependent on statistical sampling to prove liability in limited circumstances. PLF’s amicus brief in the case argued that statistical sampling is … Continue reading

Supreme Court offers little clarification regarding statistical sampling

The Supreme Court receives dozens of class action related cert petitions every Term, and today’s decision in Tyson Foods v. Bouaphakeo is unlikely to stem the tide. The case arose when employees of a Tyson pork processing plant filed a … Continue reading

President’s weekly report — March 18, 2016

Lawsuit filed against Fish & Wildlife Service over illegal regulations When Congress passed the Endangered Species Act it set out two categories of species: those that were endangered and which might go extinct and those which were only threatened, and … Continue reading

Should courts replace trials with formulas for sake of convenience?

In this Federalist Society video, I discuss the Supreme Court case Tyson Foods Inc. v. Bouaphakeo––which the Court will hear today. In that case, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for the time … Continue reading

Class actions v. due process

In a case that will be heard next term, the Supreme Court will have to decide the limits of class action litigation.  In our amicus brief brief, PLF urges the Court to scrutinize those limits closely. In Bouaphakeo v. Tyson … Continue reading

Due process does not end with class action certification

Today, in Duran v. U.S. National Bank, the California Supreme Court issued a ringing endorsement of the due process right to mount a defense in a class action lawsuit.  The case involved a wage and hour class action under California’s … Continue reading

When ridiculous becomes the norm

The website Faces of Lawsuit Abuse has posted a video of the Top Ten Most Ridiculous Lawsuits of 2013. [youtube]https://www.youtube.com/watch?v=FP6rmT3SECY[/youtube] The list includes plaintiffs who lack actual injuries, class action lawsuits that have no merit, and litigants who seemingly want … Continue reading

Can just anyone bring a class action on behalf of others?

Florence Pacleb sued Allstate Insurance for calling him on his cellphone in violation of anti-solitication laws.  Allstate offered to pay the damages Pacleb demanded and his attorney’s fees.  Most courts hold that once a defendant offers to fully satisfy a plaintiff’s claims, … Continue reading

Individual arbitration is not an “unfair labor practice”

In D.R. Horton v. Cuda, Michael Cuda filed a labor claim against his employer, homebuilder D.R. Horton, purporting to act as a representative for a class.  D.R. Horton required all employees to sign a mutual arbitration agreement, however, that precluded … Continue reading