PS&S’ Post

Highly recommend this informative piece by Alison Frankel on latest rulings on the mass action provision of CAFA. the Circuit split on when actions can be removed is deepening, but don't forget this also turns on interpretations of state laws about consolidating claims. These issues are important because in a case like Zantac, removal will kill all the claims; we already know that. https://lnkd.in/eG8MHEHv

Today is NAIOP Sacramento's Legal and Legislative Update! Join us for lunch and learn about the new trends impacting our industry. It's not too late - we will be accepting walk-in registrations! We will see you there! #NAIOP #NAIOPSac #CREFinance #LunchNLearn #LegalUpdate #LegislativeUpdate

KMF has filed its second SCOTUS cert petition of the summer. This petition challenges the constitutionality of the federal Analogue Act and addresses a separate circuit split on the construction of the Continuing Criminal Enterprise statute. More information about the case, including the petition itself, is in the article linked below. cc: Katherine Yanes and Brandon Breslow

Fern Schofield discusses 'Discharge or Variation of a Charging Order', chapter 5 of the 2nd Edition of Charging Orders on Land. Charging orders are frequently sought but can give rise to difficult issues, particularly in terms of the exercise of discretion by the courts and in relation to priorities. Since the first edition, a new CPR procedure for obtaining charging orders has been introduced. This new second edition, authored by a team of Falcon Chambers’ practitioners, Edward Peters KC, Mark Galtrey, Imogen Dodds, Thomas Rothwell, Fern Schofield, Kavish Shah, Ashpen Rajah, and Taylor Briggs, discusses the new CPR, and the effect of new limits on enforcement, such as the breathing space moratoria, as well as updating by reference to case law since the first edition was published. Not only does the book examine the legal principles, but it explains how to apply for a charging order. It provides practical advice and sets out the relevant procedural steps for each stage of enforcement, providing practitioners with a wide range of useful precedents. Less usual situations, such as sanctions, overseas entities, and tenanted property, are also covered. The second edition is edited by Cecily Crampin and Michael Ranson. You can order the book here. https://lnkd.in/esNWzgMy

CMS’ European Class Actions Report Shows Continued Market Growth A partner article in Emerging Europe highlights the findings from CMS’ 2023 European Class Actions Report, which takes a sweeping view of class actions on the continent including current trends, individual country spotlights, and future risks. The top-line data from the report demonstrates how the class action market in Europe has remained strong, with 121 claims filed in 2022, demonstrating a slight increase from 120 claims in 2021, and 119 claims in 2020. As we approach the final quarter of 2023, CMS’ report puts a particular focus on member states’ implementation of the EU’s Representative Actions Directive (RAD). Kenny Henderson, partner at CMS, highlighted that although not every member has completed implementation yet, “the overarching message remains unambiguous: no sector remains unaffected to the far-reaching impact of mass litigation.” He also noted that whilst it is no longer part of the EU, the UK is still “the highest risk jurisdiction in Europe for class actions.” https://lnkd.in/eNPeXNvY #litigationfinance #litigationfunding #legalfinance #representativeactions #classactions

#ICYMI: Last month, Trevor Tombe shared his insights about the challenges Alberta may face in exiting CPP. Read more in #LawMatters: https://lnkd.in/ezBsYbrJ

Derby & District Law Society Bulletin Dec23/Jan24 Read what the President writes in the latest issue https://lnkd.in/epP_ZYvJ Derby and District Law Society Eddowes Waldron

Reminder that new 7-hour USPAP and 2-hour MI Laws and Rules classes in Okemos are coming soon! See links in post below to sign up.

Need help steering clear of fair housing trouble? John Gill has it covered! This afternoon at the CACM NorCal Law Seminar attendees will learn about fair housing challenges facing managers and boards, new claims that are surfacing, and how to draft policies to address these issues. Compliance, protected classes, and claim process timelines will be covered. #NCLSE24 #AGrandAdventure

NY UPDATE! It looks like we have a final order in the Leafly lawsuit and it spells trouble for OCM: ⚡️The plaintiffs here challenged certain third-party advertising, pricing, and distribution list restrictions in the adult-use regulations. ⚡️On page 13, the Court holds that Parts 118-121, 123-125, and 131 of the adult-use regulations (virtually ALL of the adult-use regulations, and not limited to the ones specifically being challenged by plaintiffs) are void and null as arbitrary and capricious and as a violation of plaintiffs' right to free speech. ⚡️Seems like an error, since a court can't grant you relief that is broader than what you asked for, but TBD. And definitely a basis for an appeal, which OCM will undoubtedly file either way. ⚡️The Court argues that OCM failed to provide any evidentiary support concerning the process by which it deliberated on the challenged regulations or the expertise of OCM staff in drafting the regulations. For those keeping score on 2024 lawsuit outcomes thus far, OCM is now 3-1. Never a dull moment. #lawyerlife #ocm #newyorknewyork #litigation Rudick Law Group, PLLC