A selection of the need-to-know civil justice news for the week of February 13-19.
3rd Circ. Won’t Rehear Super Bowl Ticket Suit
Fola Akinnibi | Law360
The Third Circuit declined on Thursday to reconsider its decision to throw out a proposed class action accusing the NFL of violating New Jersey law by failing to make enough Super Bowl tickets available for public sale.
Federal Judge: Stan Chesley’s Attorneys Tricked Me
Joe Rosemeyer | WCPO Cincinnati
The woes don’t seem to be ending anytime soon for Stan Chesley. A federal judge is now saying he feels duped by attorneys for Chesley, the once-prominent rainmaker known as the “Master of Disaster” for his success in winning billions of dollars for thousands of clients over the course of five decades. U.S. District Judge James G. Carr ordered Chesley and his attorneys to appear next month and explain why he shouldn’t find they committed fraud on the court. Carr says in court documents that Chesley and his attorneys designed a scheme to avoid paying former clients who successfully sued him because he took far too much compensation in attorney’s fees.
Does TCPA Stand for ‘Total Cash for Plaintiffs’ Attorneys’?
Adonis Hoffman | The Hill
When Congress passed the Telephone Consumer Protection Act (TCPA) in 1991, the world was a very different place. Median household income was $30,000; a dozen eggs cost a dollar, and a first class postage stamp was 25 cents. Almost every home had a hardwired, landline telephone and cellphones were an emerging novelty. With a sputtering economy, many companies turned to telemarketing to boost lagging sales and increase market share.
Facebook Hit With Lawsuit Over Birthday Texts
Jeff John Roberts | Fortune
A Florida man claims Facebook broke a federal law by sending unauthorized text messages about friends’ birthdays, and is seeking up to $1,500 per message on behalf of himself and other Facebook users.
Revolutionary Hot Coffee Lawsuits Filed in California
Nick Farr | Gallivan, White, & Boyd, P.A.’s Abnormal Use Blog
According to a report from ABC-30 (Fresno, CA), two Fresno women have recently filed suit against McDonald’s alleging that they sustained burns caused by hot coffee. There is nothing unique or interesting about two new hot coffee suits as they have been commonplace in the 20+ years since the infamous jury verdict in Liebeck v. McDonald’s. What is interesting, however, is that Plaintiffs’ counsel and ABC-30 seem to think they made some newfound discovery as to the reason these suits keep popping up.
Arbitration Is Under Attack: Counsel Should Pay Attention
Timothy F. Hegarty of Zetlin & De Chiara | New Jersey Law Journal
While not the sexiest topic in the construction world, transactional attorneys and litigators in New Jersey should be aware of recent case law and media attacks regarding arbitration. Recent divergent opinions from the United States Supreme Court and the New Jersey Supreme Court are proving difficult to reconcile, regarding the enforceability of agreements to arbitrate disputes.
NJ Bill Would Spark More Equal Pay Suits For Employers
Martin Bricketto | Law360
A bill advancing in the New Jersey Legislature to battle the wage gap between men and women would generate more litigation against employers in the state by saddling them with a heavier burden for defending a difference in pay, some attorneys say.
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