null  
[self-portrait]Scrivener's Error Law and reality in publishing (seldom the same thing) from the author's side of the slush pile, with occasional forays into military affairs, censorship and the First Amendment, legal theory, and anything else that strikes me as interesting.
23 September 2009

link to: 12:50 [GMT-6]

GBS: Named Plaintiffs Go Streaking

 

The alleged plaintiffs have filed a motion proposing a delay in the scheduled fairness hearing date (07 October 2009) (PDF) so they can modify the settlement's terms after having a new orifice ripped in it by the United States last Friday. At least they're learning a little bit:

Plaintiffs also are uncertain, at this stage, whether any additional form of notice, however limited, might be required. They cannot address that issue until the scope and effect of the amended settlement agreement on class members is determined.

Mem. in Support at 3. As Homer Simpson might say, "Doh!"

I see this as a strategic attempt to keep other parties from horning in on the action. Many of the objections raised have concerned inadequate representation by the named plaintiffs — a far higher proportion than normal, and far more searching and detailed in scope. As David Niven might have said, were this the Academy Awards, "I wouldn't expose my shortcomings in public." Nonetheless, these children don't want to share with the others... so they're going to try and short-circuit the process.

If I were a particularly mean and nasty shark, already admitted in the Southern District of New York, with a particularly bloodthirsty client who provided better/more representation than the current named plaintiffs, I might file a motion that asked the judge to either hold the hearing as scheduled, limited to the adequacy of representation issue, or to reject the settlement and require appointment of new class representatives. However, I'm missing one of those qualifications... and it's not the "mean and nasty shark" one.

Any relationship of this post to the following cartoon is purely intended.

Non Sequitur, 23 Sep 2009

Labels: , , ,

Ritual disclaimer: This blog contains legal commentary, but it is only general commentary. It does not constitute legal advice for your situation. It does not create an attorney-client relationship or any other expectation of confidentiality, nor is it an offer of representation.

All material © 2003–12 except where otherwise indicated. All rights reserved. This blawg does not use the Creative Commons License, although I'm usually pretty good-natured about permissions for attributed reuse.

I approve of no advertising appearing on or through syndication for anything other than the syndication itself; any such advertising violates the limited reuse license implied by voluntarily including syndication code on this blawg, and I do not approve aggregators and syndicators whose page design reflects only an intent to use the reference(s) to this blawg without actually providing the content from this blawg.

Internet link sausages, as frequently appear here, are gathered from uninspected meaty internet products and byproducts via processes you really, really don't want to observe; spiced with my own secret, snarky, sarcastic blend; quite possibly extended with sawdust or other indigestibles; and stuffed into your monitor (instead of either real or artificial casings). They're sort of like "link salad" or "pot pourri" or "miscellaneous musings" (or, for that matter, "making law"), but far more disturbing.

I am not responsible for any changes to your lipid counts or blood pressure from consuming these sausages... nor for your monitor if you insist on covering them with mash or sauce.

Archives  

Now live at the new site. I have arranged some of the more infamous threads that have appeared here by unravelling them from the blawg tapestry (and hopefully eliminating some of the sillier typos). Sometimes, the threads have been slightly reordered for clarity.

   

Links open in a new window.

These may be of interest; I do not necessarily agree with opinions expressed in them, although the reasoning and writing are almost always first-rate (and represent a standard seldom, if ever, achieved in "mainstream" journalism). I'm picky, and have eclectic tastes, so don't expect a comprehensive listing.

A blawg is sort of like a blog on legal issues, but usually has a lot more links to outside resources (other than other blogs) than does a typical blog. Scrivener's Error is a blawg, not just a blog. You can find other blawgs at < ? law blogs # >.

Searches

   www blogspot radio.weblogs
U.S.C. §
U.S.

 

Powered by Blogger
 
 

Optimized for Firefox 3.0 at 1024x768.