Posts Tagged ‘Litigation’

Growing Demand for Litigation

May 3, 2011

According to this Hildebrandt report, demand for litigation is up 4% in the first quarter of this year.  Litigation is doing better than M&A, Bankruptcy, Real Estate and Corporate work at the moment.

This suggests that plaintiff firms have been very busy lately!

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Litigators Advocating Social Media Caution

October 28, 2010

Earlier this month I recommended that litigators warn potential clients about using Facebook and other social networking profiles cautiously and a law firm heard me. (joke!) Delmas & Rosenthal just published a list of things that consumers shouldn’t do on their online social networking (OSN) profiles if they are contemplating hiring a lawyer. The list is useful but fails to get at one of the key uses of social networking in court – evidence that goes to a claimant’s state of mind.  That’s hard to warn consumers about but it could be done.

Example

Say you make a mental health claim based on an injury and you provide as a status update – “Thanks to all my friends for cheering me up during this stressful time.  You guys improved my mood 100%!”

This could be evidence that your emotional stress while real, is something you can improve on your own without the help of money damages.   There is a case for potential claimants to stop posting on their OSN before and during the litigation process.

Social Networking Plays a Role in Sentencing

September 29, 2010

I had read about the use of social networking during discovery, particularly defense attorneys looking for Facebook and other social networking postings that contradict the plaintiff’s claims but I didn’t know that social networking was also playing a role in the sentencing of defendants as well.

This article explains that it can both help and hinder the defendant’s cause and they cite a recent case where a defendant’s claims of contrition were undercut by postings on her MySpace page to the contrary.  However, the article goes on to show that a defendant’s message to his Facebook friends asking them to submit character references on his behalf to the judge.   Did it work?  The man did receive a prison sentence two years shy of the federal guidelines.

Florida law firm website gets the UK treatment

January 26, 2010

Recently I’ve heard a couple stories about lawyers who think they should just grab copy from a competitor’s website and post it to their own site.  Not only is this illegal, its stupid from a marketing sense.  You need to convey to potential clients what makes you stand out,  not what makes you the same as your competitors.

But this story is completely a different animal.  A Florida personal injury attorney did a Google search on his firm’s website and pulled up a British law firm website which was identical except for swapping out dollars for pounds and the Florida address for a British one.  The Florida firm is suing Go-Daddy.com and the unknown duplicater.

Unclear how Facebook settlement will impact Texas litigation

October 26, 2009

Here is an explanation for what may have happen to the Texas suits where Facebook was added as a defendant earlier this month.  It still sounds like a settlement is likely for those filing but how that might happen isn’t at all straigthforward

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Attorneys appointed in consolidated drywall litigation

August 4, 2009

“U.S. District Judge Eldon E. Fallon has appointed 14 different Chinese drywall lawyers to serve in leadership roles in the consolidated litigation over defective drywall imported from China, which has been centralized in the Eastern District of Louisiana…

According to an order issued last week, Arnold Levin was appointed to serve as Lead Counsel for the plaintiffs, Russ Herman was appointed as Plaintiffs’ Liaison Counsel and twelve other lawyers were appointed to serve on a Plaintiffs’ Steering Committee.”

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Walgreens’ settlement over “Wal-born”

August 4, 2009

“Phoenix, Ariz. (PRWEB) August 3, 2009 — Walgreens recently settled a class action lawsuit which gives consumers the ability to claim up to $14.97 or a free flu shot without any proof of purchase or receipt necessary to submit their claim.

…The class action (Geis v. Walgreen Co. and Roper v. Walgreen Civil Action No. 2:07-cv-4238-KSH-PS) alleges that Walgreens made false claims regarding its Wal-Born products to the effect that they could treat or prevent the common cold. This is very similar in nature to the Airborne Health Formula class action settlement of 2008 (Wilson v. Airborne, Inc. et al. Case No. EDC V07-770 VAP.) You can read about the Airborne class action settlement at Top Class Actions. Both class action lawsuits ended in the Plaintiffs settling and paying cash to claimants along with agreeing to change how they market their respective products and the effects of each.”

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Insurance may not cover chinese drywall

July 28, 2009

“From the point of view of the homeowner, these claims will not likely be covered by homeowners property insurance. And, to the extent that the damages are not covered by the general liability policies of builders, subs, and distributors, homeowners will incur devastating out of pocket losses.”

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Scientology trial ends in France

June 18, 2009

“Wednesday marked the last day of a three-week trial in Paris in which the Church of Scientology stood accused of fraud.         

If found guilty, the church could be forced to shut down in France, though appeals could let the case continue for years.         

Closing arguments were made Wednesday, two days after the prosecution asked for a dissolution of both the church and its Paris bookstore, and fines of 2 million euros ($2.8 million).         

A verdict is expected in September. ”

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Class actions spreading abroad but with a twist

June 9, 2009

“…a growing list of countries outside the United States, including Canada, Australia, most European, and several South American countries, now recognize some form of multiclaimant litigation—whether class actions, groups actions, or representative actions by consumer or public organizations.  The trend, however, has been to reject wholesale adoption of U.S.-style class actions.  What has emerged instead is a distinctly “un-American” approach that generally disfavors opt-out procedures and often allows public bodies and private consumer organizations to bring collective actions in addition to (and sometimes in place of) individuals.”

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