Recent Articles

Out, Ad Damnum Spot!

McGlinchey Stafford PLLC

December 31, 2008 12:30

Stroh v. Colonial Bank, N.A, NO. 4:08-CV-73, 2008 WL 4831752 (M.D. Ga., Nov. 4, 2008). Illustrating the timeless caution that “the better part of valor is discretion,” Colonial Bank must defend itself in state court in this case after not proving to a legal certainty that the...

To Avoid Rejection, Make Sure Your Coupon Has All the Trimmings!

McGlinchey Stafford PLLC

December 30, 2008 12:30

Navigating the Minefield: Lessons of Figueroa v. Sharper Image and Defense Counsel's Guide to Settling Coupon Based Class Actions After CAFA, 15 No. 8 Andrews Class Action Litigation Report 1.  In their article, David L. Aronoff and Saul S. Rostamian offer suggestions to defense counsel...

Martha Gets Another Last Laugh: Court Denies Class Certification, Then Dismisses For Lack of Jurisdiction Under CAFA.

McGlinchey Stafford PLLC

December 29, 2008 12:30

Ronat v. Martha Stewart Living Omnimedia, Inc., et al., 05-520 (S.D. Ill. Nov. 12, 2008).  This putative class action was brought against Martha Stewart entities and other defendants by purchasers of the “Victoria” model of “Martha Stewart Everyday” brand glass-top...

I Guess They Thought The Cameras Were Off!

McGlinchey Stafford PLLC

December 23, 2008 12:30

Philpot v. Best Buy Stores, L.P., No. 08-56 (W.D. Ky. Jul. 21, 2008) Having sex at work is probably not a good idea. This lawsuit, originally filed in state court, primarily concerned the employment discrimination claims of two plaintiffs who had been fired after allegedly engaging in sexual...

Resort Rental Company Sailed Away to Federal Court Because Plaintiff Failed to Consider CAFA Removal

McGlinchey Stafford PLLC

December 22, 2008 12:30

Margulis v. Resort Renal, LLC, 2008 WL 2775495, Case No. 08-1719-WJM (D.N J. July 14, 2008). This is a putative class action for alleged violations of the Telephone Consumer Protection Act (“TCPA”) and common law invasion of privacy. The plaintiff argued that the defendant,...

Making Your List? Checking It Twice? If so, Make Sure This Outstanding Seminar is On It!

McGlinchey Stafford PLLC

December 16, 2008 14:35

If you have been a good boy or girl, then you can go to the best Class Action Seminar in the New Year at a discount!  Since the seminar is probably the first class action seminar of the new year, it is easy to say it will be the best one so far in 2009. American Conference Institute’s...

Need An Excuse for Holiday Shopping in New York? How About THE E-Discovery Conference?

McGlinchey Stafford PLLC

November 25, 2008 17:00

Don’t miss the 6th E-Discovery event taking place on December 8-11, 2008 at The New Yorker Hotel in New York City to understand the impact of E-Discovery and leverage best practices to give your organization the strongest competitive standing in the marketplace. Maximize your knowledge...

We're Not Worthy - CAFA Loser Style.

McGlinchey Stafford PLLC

November 17, 2008 12:30

Every corner of history is littered with famous losers. Who can forget ‘em? Famous movie losers? How about that dude who got his face kicked by a temporarily blinded Jean-Claude Van Damme in Bloodsport? Or even better, what about the Cobra-Kai dude that got popped, by Ralph...

Attend College in your PJ's!!!!!

McGlinchey Stafford PLLC

November 14, 2008 12:30

Well, not exactly like the commercial we all see while watching re-runs of Seinfeld at 1:00 a.m., but very close. You can learn about the emerging trends in multi-state class actions from the plaintiff and defense bars from the comfort of your office. A 90 minute CLE teleconference will...

Plaintiff Sues Whirlpool over Washing Machines; Whirlpool Gives CAFA Removal a Spin; Court Says Plaintiff's Motion to Remand is All Washed Up

McGlinchey Stafford PLLC

November 13, 2008 12:30

Glazer v. Whirlpool Corp., No. 1:08-CV-1624, 2008 WL 4534131 (N.D. Ohio Oct. 6, 2008). The moral of this story is, if you sue for “repair or replacement” of products with a collective retail replacement value of substantially more than $5 million, the CAFA amount-in-controversy...