Cleaning Up the Supreme Court’s Newest Class Action Mess, Comcast V. Behrend

As Judge Posner remarked, “only a lunatic or a fanatic sues for $30,” Carnegie v. Household Int’l, Inc., 376 F.3d 656 (7th Cir. 2004), and that’s because it costs money to seek civil justice. For all the complaints by corporate defendants about the “rising costs of litigation,” those costs are just as frequently — perhaps more frequently — borne by plaintiffs.

SCOTUS Releases Opinion in ERISA Subrogation Case

By | Day On Torts | April 17, 2013

The United States Supreme Court has released its opinion in U.S. Airways v. McCutchen, No. 11-1285 (USSC April 16, 2013), a case that raised the issue of whether “equitable doctrines and defenses,” such as the “common fund” doctrine and the “made whole” doctrine applied to subrogation interests governed by the Employees Retirement Income and Security Act of 1974 (“ERISA”).

Quantum of the Seas – A Cruise Lawyer’s Dream?

By | Cruise Law News | April 16, 2013
Quantum of the Seas – A Cruise Lawyer’s Dream?

Today was another weird day in the world of cruise law.  Sitting in my office I watched CNN coverage of the bombing in Boston on my big screen TV’s most of the day while also following the travel industry’s internet coverage of the unveiling of images of Royal Caribbean’s Quantum of the Seas

Spoliation of Social Media Evidence: New Jersey Court Cracks Down

By | Socially Aware Blog | April 16, 2013
Spoliation of Social Media Evidence: New Jersey Court Cracks Down

A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between the parties regarding access to the plaintiff’s Facebook account, the Court sanctioned the plaintiff for causing his account to be deleted.