Mazie Slater misquotes a case

In Dewey v. Volkswagen, the parties negotiated and the district court approved a settlement that violates Supreme Court and Third Circuit precedent, which makes reversal likely. What's a class counsel to do? Make up new precedent! After talking the clerk's office into letting them include a sur-reply to the lead appeal's reply brief in their cross-appeal's reply brief, class counsel invented a quote in a recent Third Circuit en banc decision that, if accurate, would have all but dictated affirmance in this case.

We noticed the fictional quote, which required literary creativity rather than mere mistyping, and invited class counsel to do the honorable thing and withdraw the brief. Remarkably, they refused, so we have moved for sanctions, given class counsel's previous misrepresentations in the case and the evidence of bad faith in this particular misquote. (I'd be curious to see what Matthew Butterick thinks of the typographical smoking gun, identified on page 5 of our brief.)

Apple Magsafe class action settlement objection

We've objected to the Apple Magsafe class action settlement, which was recently criticized by AtlanticWire. Details at Point of Law.

Sixth Circuit brief in Pampers Dry Max class action

Details at Point of Law. Fortunately, Procter & Gamble is not my client, as they will be exceedingly unimpressed that we mortifyingly spelled their name wrong throughout the brief. At least the law is right.