Trial

8th Cir. Holds Trial Court Did Not Err in Using ‘Percentage of the Benefit’ Over ‘Lodestar’ in TCPA Class Fee Award Dispute

In an appeal involving the settlement of four separate class actions under the federal Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Eighth Circuit recently held that the trial court did not abuse its discretion by electing to use the “percentage-of-the-benefit” method to calculate class counsel’s fee award, as opposed to the “lodestar” method. The Eighth Circuit …


[Opinion] Consumer Fraud Reaches the Supreme Court

Trump administration spokeswoman Kellyanne Conway recently defended false statements about inauguration crowd size as “alternative facts,” provoking a great kerfuffle. But in the class-action world, trial lawyers have been making millions on alternative facts for decades. And, astonishingly, courts disagree over whether it’s permissible for lawyers to use alternative facts to …


Self-Proclaimed ‘Inventor of Email’ Is Back With Another Defamation Lawsuit

Ayyadurai has long claimed that he was the bona fide inventor of what we refer to as email. It’s true that he wrote code for an electronic messaging platform at the University of Medicine and Dentistry of New Jersey in 1978, and subsequently copyrighted that software, which he referred to as “EMAIL,” four years later. Ayyadurai’s talent is not lost on anyone — including Masnick.


South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds

The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is good news for developers and those who represent them. [i] In The Gates at Williams-Brice Condominium Association and Katharine Swinson, individually, and on behalf of all …


Former Gang Member Wins $22 Million in Lawsuit

Two years ago, a federal jury handed a mere $80,000 to a wrongfully convicted ex-El Rukn gang member who spent more than a decade on Death Row only to be cleared of a double murder. Nathson Fields called it a “travesty” at the time and he called for a federal investigation. But little did he know, his decades-long legal saga wasn’t over.


AVENGED SEVENFOLD Lawsuit Could Set New Legal Precedent

According to The Pulse Of Radio , a lawsuit brought against AVENGED SEVENFOLD by its former label, Warner Bros. Records , could set a new legal precedent if it actually comes to trial. Warner Bros. sued AVENGED SEVENFOLD in late 2015 after the band left the label by citing the California Labor Code’s “seven-year rule.” The rule allows for parties to exit contracts after seven years if certain …


Trump Loses Bid to Get Lawsuit Over Country Club Refunds Dismissed

President Elect Donald Trump just got some more bad legal news. A federal judge rejected a request to throw out a class action lawsuit filed against his Trump National country club in Jupiter, Florida (formerly the Ritz-Carlton Golf Club & Spa). The lawsuit is over deposits that were deemed un-refundable after Trump bought the business, reports the Palm Beach Post .


Taylor Swift’s Photo in Alleged Sexual Assault Lawsuit Leaked

Swift had asked a judge to keep that photo under wraps on grounds it would prejudice the potential jury. In late October, the judge granted Swift the right to seal one of the photos in evidence from the public’s viewing until the case goes to trial. However, Swift was denied a request to withhold any other evidence, including a deposition she gave.


Trump University Lawsuit: Donald Trump’s Lawyers Want It Delayed Months

Donald Trump’s attorneys filed a motion to delay until after the presidential inauguration a class-action fraud lawsuit involving the president-elect and his now-defunct Trump University. Related Articles Trump University lawsuit: Judge Curiel won’t bar controversial statements In the motion filed Saturday evening in San Diego federal court, Trump’s lawyer Daniel Petrocelli …