Friday, May 24, 2013

Victory in HP Inkjet

A 2-1 decision of the Ninth Circuit agreed with us that the district court incorrectly applied the coupon-valuation provision of the Class Action Fairness Act in the HP Inkjet case. Details (and a list of press coverage) at Point of Law. After two appellate wins in 2011, and two in 2012, this is our third in 2013, and the year isn't half over.

This week's fairness hearing on the Southwest drink voucher class action settlement raised similar issues and discussed the import of the Inkjet decision; plaintiffs' counsel there claimed that they were told by Inkjet counsel that they plan to seek en banc review. If they do, the petition would be due next week.

Friday, May 3, 2013

Fraley v. Facebook

Lots of class members forwarded me their notices in this settlement, which is likely to pay the class zero; if it pays anything, it will only be because the claims process freezes out tens of millions of class members. The attorneys, however, are asking for $7.5 million.We've objected; details at Point of Law. A district court threw out an earlier version of the settlement on Bluetooth grounds; it's hard to see how this one will pass muster.