A selection of the need-to-know civil justice news for the week of Jan. 24-30.


Putting Ascertainability into Rule 23

Drug and Device Law Blog

Following the completion of its overhaul of Rules 26(b)(1) and 37(e), the federal Advisory Committee on Civil Rules is set to take up Fed. R. Civ. P. 23, concerning class actions.  Sadly, our preferred outcome abolishing Rule 23 altogether and allowing Congress and state legislatures to determine the availability of class actions on a subject-by-subject basis – is not on the table.  One thing that is on the agenda is ascertainability.

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Incarcerated Cowboys Fan Suing NFL for $88 Billion for Overturned Catch

Extra Mustard | Sports Illustrated

An inmate at Fremont Correctional Facility in Cañon City, Colorado, has put his time to good use by filing a lawsuit seeking more than $88 billion against the NFL on the behalf of the Dallas Cowboys and their fans.

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Measles Can Kill, And It’s Spreading. Sue Parents Who Didn’t Vaccinate? Absolutely.

Dan Diamond | Forbes

I heard it over dinner at a friend’s house. I talked about it on a call with a scientist. I discussed it while waiting for public health officials to issue an update on the measles outbreak. The same murmured question, the same growing fear. What happens if a child dies because some parents decided not to vaccinate their own kid?

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Top NY Lawmaker Prosecuted Over $3M Asbestos-Case Referral Fees Exits Speaker Post and Law Firm Role

Martha Neil | ABA Journal

After the announcement of criminal charges that he took millions of dollars in kickbacks under the guise of legal fees in exchange for misusing his government influence, a longtime New York legislative leader is stepping down from his role as speaker and taking an unpaid leave of absence from his position as counsel to Weitz & Luxenberg.

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