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Class Preclusion Clauses Struck Down by Superior Court
Ruling on an issue of first impression, a Pennsylvania Superior Court panel has agreed with a Philadelphia common pleas judge's argument that class litigation preclusion clauses in standard-form contracts are "unconscionable and unenforceable." The case involves a proposed class of people who rented cable boxes and remotes from Comcast, allegedly unaware until they did so that those items were not needed in order to receive basic cable.Philadelphia Jury Takes Four Hours to Award $842K in Latex Case
A jury awarded a dental hygienist $842,000 for her allergic reaction to latex gloves last week in a case that is reportedly the first third-party liability latex glove jury verdict in Philadelphia. The verdict in the city's Court of Common Pleas is estimated to total $1.2 million with delay damages, according to the plaintiff's attorney.
Objector: Bluetooth deal remains 'poster child for class action abuse'
A lawyer whose objection to a settlement in the Bluetooth hearing-loss litigation prompted a federal appeals court to reject the deal has renewed his protest, arguing that the deal continues to demonstrate self-dealing between plaintiff attorneys and the defendants.Bluetooth litigants defend settlement against 9th Circuit's qualms
Lawyers on both sides of a settlement over hearing loss claims involving Motorola's Bluetooth headsets are insisting the attorney fees were not inflated, despite concerns voiced by a federal appeals court that rejected the deal last year.The U.S. Court of Appeals for the 9th Circuit tossed out the settlement on Aug. 19, 2011, concluding that U.Latex Products Liability Suit Pre-Empted, Judge Rules
Latex glove manufacturers chalked up a significant victory when a federal judge in Pennsylvania threw out a products liability suit brought by a health care worker after finding that her implied warranty claims are pre-empted by the federal Medical Device Amendments. The ruling is sure to be cited by defense lawyers in other pending latex glove cases because it effectively declares that the gloves are "fit for the ordinary purpose for which they are sold."Pa. Judge: Arbitration Clauses Won't Stick to Contracts of Adhesion
The judge in charge of Philadelphia's class action program has ruled that class action litigation preclusion clauses in contracts of adhesion are "unconscionable and unenforceable." In his strongly worded opinion, Judge Mark I. Bernstein concluded that the mandatory individual arbitration clauses found in many contracts of adhesion have served to "immunize large corporations from liability by allowing them to preclude all class action litigation."Plaintiffs Lawyers Seek New Trial After Contrite Juror E-Mails to Say He Changed His Vote
A plaintiff whose $1.3 million asbestos claim was no-caused by a New Jersey jury has asked for a new trial because a juror confessed he switched his vote at the end of the 10-hour deliberation, saying that otherwise, "we would've never gotten out of there." The e-mail, sent to plaintiffs lawyers six days after the verdict, included expressions of sympathy and sorrow and barbs against other members of the jury panel, though it's hard to glean from the message exactly what did happen.Local Juror's Sorry I Voted Against You Even Though You Were Right E-Mail Triggers New Trial Bid
A plaintiff whose $1.3 million asbestos claim was no-caused by a jury has asked for a new trial because a juror confessed he switched his vote at the end of the 10-hour deliberation, saying that otherwise, "we would've never gotten out of there."TRENDING STORIES
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