The Complex Litigator mentioned at Overlawyered

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In a blog post roundup for April 29, 2008, Overlawyered noted an earlier post from The Complex Litigator, entitled "Coupon-only settlements are hard to sell."  (Olson, "April 29 roundup" (April 29, 2008) www.overlawyered.com.)  As I make mention of Overlawyered's link to this site, I find myself contemplating whether to include Overlawyered on my list of read-worthy blogs.  Do I succumb to self interest and avoid promoting a site that is essentially dedicated to cataloging the excesses and failures of the legal system?  Do I commend Overlawyered and work to effectuate positive change from within, by self-selecting laudable cases?

No doubt that the legal profession makes itself an easy target.  But for every one of Overlawyered's posts confirming the death of self-restraint and common sense, there is a story of justice dispensed wisely, after diligent effort by courageous attorneys and clients.  To Overlawyered's credit, that blog never suggests that all litigation is bad.  Rather, it offers, as its mission statement, the following:

Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public's expense, and resists even modest efforts at reform and accountability.

I suppose that I have answered my own question about the merits of including Overlawyered in the dialog here.  I am interested in using The Complex Litigator to explore all manner of subjects touching on class action and complex litigation.  Some topics, like technology issues, concern the implementation of efficiencies to make a litigator's life easier.  Others, such as the recent discussion about coupon settlements in class actions spans topics of class action settlment mechanics and ethics in the law.  The Complex Litigator is intended to become a community that, by its nature, includes diverse viewpoints and ideas.  All appropriately expressed thoughts are welcome.

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An interesting defense of the class action device

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In earlier posts on this blog, I challenged some specific criticisms levied at the class action procedural device.  (See, "'Class' missing in Daily Journal column on class actions" and "Daily Journal Forum column challenges recent anti-class action campaign".)  The blog Disgusted Beyond Belief offers its own critique of several of the most common complaints about the class action device:

[O]ne has to wonder about those who call class actions with settlements frivolous. It is true that sometimes it is cheaper and easier to settle to make a complainant go away than it is to go to trial and win, but the aggregate costs of most class actions are so high that one would think it would always be much cheaper to go to trial if the suit is so weak as to be frivolous. In other words, it is not very likely that a class action suit where there has been a settlement was frivolous - just the opposite, in fact.

("Class Action Lawsuits" (April 21, 2008) disgustedbeyondbelief.blogspot.com.)

It is true that lawyers typically get anywhere between 30 and 40% of a suit that is done on contingency. But keep in mind that there is also the chance that they will lose and then get nothing. What it means is that the lawyer or law firm assumes the risk of the lawsuit.

(Ibid.)  The rest of the post is a good read, as Disgusted Beyond Belief is not ashamed to express outrage (in an entertaining manner).  I must admit that I did chuckle at the notion of a "right-wing stranglehold on the [mainstream medias]."  I guess many things in life are subjective.

[Via The UCL Practitioner]

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Complex litigation requires clear, cogent writing

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In my experience, class action and other complex cases depend more heavily upon written submissions to the court.  I spend more time writing joint status conference statements, supplemental briefs after hearings, oppositions to demurrers to eighth amended complaints, and so on, and so forth.  I don't necessarily mind the emphasis on writing - I like writing.  But I am ever more keenly aware that as the briefing and other written submissions rise in importance, the quality of the written message must also rise.  There isn't enough time in the day to make every brief the ideal brief.  We simply endeavor to make each brief better than what is required to accomplish the goal of the brief.

In my own efforts to improve my writing, I am always interested in sound advice and constructive criticism.  I recently found the blog of Wayne Schiess, a legal writing instructor at the University of Texas.  Surprisingly named Wayne Schiess's legal-writing blog, Mr. Schiess provides interesting advice about writing, advice with which I find myself often in agreement.  The blog doesn't link to each post on its primary page, so Mr. Schiess's blog is more suited to occasional browsing.

[Thanks to The California Blog of Appeal for suggesting the site.]

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Class Action Defense Blog provides good "unofficial" filing data

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If statistics and trends interest you, then click, don't walk, over to the Class Action Defense Blog.  As a regular feature, Class Action Defense Blog summarizes (with self-described "unofficial" data) the number and type of class action filings in the major metropolitan centers of California.  Their April 19, 2008 post is good example of the type of summary you will find on the site.  In reviewing the numbers for at least 2008, it should come as little surprise to most class action practitioners that wage & hour class actions habitually hold sway with the largest percentage of filings by claim type.

Class Action Defense Blog is unashamedly and openly a firm-sponsored blog of Jeffer, Mangels, Butler & Marmaro, LLP, so it understandably tends towards a staid tone in its posts (I, on the other hand, having no restraining guidance behind me, am a loose cannon that could go off at any time).  That blog is, nevertheless, dense with information about results and transactions in class actions around the country.

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Thank you for making the first month a good start

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The Complex Litigator has received over 1,500 visits in less than a month since its inception.  Thank you for visiting.  As this blog moves forward, I hope to keep you informed and entertained with a variety of features that are in the development pipeline.  Please stay tuned and thanks again for stopping by.

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That would be "Plaintiffs: 2, Defendants: 0"

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Earlier today I ran across a post at The Witness Box, a blog by the law firm Jackson Lewis.  Their post, entitled "Wage and hour developments: 1 for the plaintiff - 1 for the defense," presented two wage & hour developments, one apparently "pro-plaintiff" and one apparently "pro-defense."  The "pro-plaintiff" development concerns Massachusetts law; it is thus of little interest to me, particularly for this presumably California-centric blog.  The "pro-defense" development is another matter.

Wage & hour practitioners will recall Murphy v. Kenneth Cole Prods. (2007) 40 Cal.4th 1094, in which the California Supreme Court determined that the one hour of pay owed to an employee that misses a meal break is a wage and not a penalty (with a 1-year Statute of Limitation).  When coupled with Unfair Competition Law claims, this ruling effectively provided a 4-year Statute of Limitation to claims for missed meal breaks.

Not excited yet, Non-Wage & Hour Practitioner?  Then let me try to expand the relevance a little.  Murphy resulted in a predictable upswing in meal break claim class actions.  Earlier this year, Senator Margett introduced SB 1192, which would have re-classified the "pay" owed to an employee for a missed meal break as a penalty, thereby truncating the claim period to one year.  Which brings me to my observation about the post on the Witness Box.  According to The Witness Box article, SB 1192 represents the legislature's effort to ease penalties for missed meal breaks.

Not so fast.  According to the California Sentate, the first hearing on SB 1192 was "canceled at the request of author."   Couple that with reporting by Storm's California Employment Law blog that "SB 1192 appears dead," and things aren't looking good for SB 1192.  Or for that premature call of "1 for the plaintiff - 1 for the defense."  The moral of the story is that it is good to know about proposed legislation, but don't place any weight on a bill that hasn't even managed to have its scheduled hearing in committee.

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Recapitulation of greetings from the Blogospere

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I remain grateful for the several posts recognizing this new effort in the Blawgosphere.  (Side Note:  I'm still on the fence regarding the use of terms like "Blogosphere" or the even more particularized "Blawgosphere.")  Irrespective of my stylistic misgivings, I want to thank several established blogs (aren't they all established when you are three weeks old) for taking the time to note a new contributor to the online discussion:

  • The UCL Practitioner:  Already thanked, but given the size of her following, a nod from Kimberly carries weight
  • Wage Law:  I handle quite a bit of wage & hour class action litigation, and I was reading this blog by Walsh & Walsh for some time
  • The California Blog of Appeal:  I learned of this blog through the UCL Practitioner just this past week, and I'm quite entertained
  • ClassActionBlawg.com:  Authored by Paul Karlsgodt, a partner in the Denver office of Baker & Hostetler LLP, this relatively new blog covers class actions from a broader, national perspective

Thank you for the kind words.

UPDATE:  Other words of support have filtered in from the blogosphere:

  • California Punitive Damages:  A blog maintained by attorneys at Horvitz & Levy, I have been a fan of this firm for years.  Short personal anecdote:  I've had aspirations to attain an appellate specialist certification for many years.  I cold-called Ellis Horvitz one day to ask him if he had any suggestions about how to move in the direction of appellate law as a career.  Mr. Horvitz didn't just give me a few minutes on the phone.  Instead, he returned my call, invited me to lunch, and shared his insights over excellent Italian food that is sadly no longer available (so long, Il Balcone).  Any firm with leadership like that is built upon bedrock.  Back at you, California Punitive Damages.
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Gracious greetings from a leading voice in California's blogosphere

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Kimberly Kralowec, author of The UCL Practitioner blog, graciously noted the birth of this new blog today.  I have appreciated and benefitted from her efforts for several years.  Thus, it is with humble gratitude that I say "thank you" for the example that you have set for other would-be bloggers, "thank you" for your hard work that benefits many, and "thank you" for taking the time out to mention this little start-up.

In the coming weeks, if all goes as planned, I will modify the blog template to make reading and accessing content easier.  In the coming months and years, I will strive to provide a resource that others find both entertaining and useful.  But irrespective of whether my blog stikes a chord or strikes out, I will keep reading The UCL Practitioner.

Thank you, UCL Practitioner.

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