Third Circuit denies en banc rehearing request in Carrera class-action “ascertainability” appeal

With four judges dissenting from en banc rehearing and the three original panel members explaining why they think they were right the first time around. Read today's opinions here. The dissenters, in an opinion written by Judge Thomas Ambro, say that the federal rules committee should take up the issues raised by the panel's decision. […]

Stark Gender Disparities in Income Shown in Law Firm Survey

That's the title of this article by Katelyn Polantz. The survey says that big private law firms have the greatest disparities, and with smaller private firms have smaller disparities, with men making more than women in both settings. But there's this: Public interest law and solo ­practices were the only job settings where the median […]

How much do district court judges tell us about the ideology of a President’s appointees?

Earlier this month, the Washington Post blogged about a study purporting to show that President Obama’s judicial appointments are (in the words of the headline) “liberal, but not that liberal.” That may well be a fair characterization; anecdotally, it sounds right. But the study purports to do something much more serious than give an off-the-cuff […]

Student-loan collection

Our readers may be interested in Collection of Student Loans: A Critical Examination by law professor Doug Rendelman and lawyer Scott Weingart. Here is the abstract: Although the collection of college student loans centers this article, some background precedes its main topic. It begins by defining and distinguishing federal and private student loans. Next is […]

Octane Fitness: Supreme Court rejects bad faith and clear and convincing evidence requirements for fees in patent cases

by Paul Alan Levy     In a decision issued this morning in Octane Fitness v. Icon Health and Fitness, the Supreme Court held that attorney fee awards in patent cases depend on an assessment of the totality of the circumstances, and that either the substantive weakness of the losing party's litigating position (including both facts and […]