The Obama Judiciary

Consumer advocates generally believe that federal judges nominated by President Obama are more likely to decide cases favorably to consumers than are judges nominated by the President's recent Republican predecessors. So, how has the President fared with his nominations? Bob Barnes of the Washington Post has penned this article that discusses the President's judicial nominations. […]

Freer on Recent (and Future?) Supreme Court Class Action Cases

Richard D. Freer of Emory has written The Supreme Court and the Class Action: Where We Are and Where We Might Be Going.  Here's the abstract: In 2010 and 2011, the Supreme Court decided five class action cases. In 2012, it has agreed to hear four more. This piece summarizes what the Court has done […]

Another Concepcion Paper, This Time From Harvard

David Korn and David Rosenberg of Harvard have written Concepcion's Pro-Defendant Biasing of the Arbitration Process: The Class Counsel Solution.  Here's the abstract: By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion created a […]

New book about boilerplate contracts

Earlier this month, Professor Margaret Jane Radin put out a new book called Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law. Publisher Princetion University Press describes Professor's Radin's argument as follows: Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them […]

EPA’s Greenhouse Gas Rules Survive En Banc Review Process in D.C. Circuit

We told you last June that a panel of the D.C. Circuit had largely upheld the Environmental Protection Agency's greenhouse gas rules issued after the Supreme Court's decision in Massachusetts v. EPA demanded regulatory action on greenhouse gases. The panel's 82-page opinion, written by Judge Per Curiam (Sentelle, Rogers, and Tatel), was pretty comprehensive. Yesterday (nearly […]

More on Intervention in Class Actions by Non-Class Members

We posted yesterday about a recent decision of the U.S. Court of Appeals for the Third Circuit that authorized non-class members to intervene for the purpose of objecting to a district court's certification and settlement of a class action that might affect their interests. Class action lawyer Rob Bramson has made an interesting comment on […]

New Report on Serious Surgical Errors

Today, the Washington Post reported on a new study quantifying how often surgeons make "never" mistakes, i.e., mistakes that should never happen, such as leaving an object in a patient, performing the wrong procedure, or performing the procedure on the wrong body part. Apparently, between 1990 and 2010, about 500 "never" events were reported to […]