Restraining order bid is just maneuver

By Alison Frankel Can hundreds of canada goose outlet online reviews class action lawyers be wrong? Every day brings another clutch of filings against canada goose outlet los angeles Volkswagen by clean diesel car owners who claim the automaker lied about their cars noxious emissions. Plaintiffs lawyers seem to regard the litigation against VW as a sure thing, thanks in no small part to canada goose outlet mall the company own admissions. They assuming the case canada goose outlet boston won be about whether VW is liable to car owners but about how much the company is going to have canada goose outlet in chicago to pay. Many plaintiffs firms are of the view that class members will be best served if they are put in charge of the litigation once it is (inevitably) consolidated. A leadership team won be canada goose jacket uk selected until after the Judicial Panel on Multidistrict Litigation picks a judge to oversee the case but as I told canada goose discount uk you right after the first class actions were filed discover this info here , plaintiffs lawyers start thinking very early about the arguments they will eventually make to win an appointment to the lead counsel committee. You see some of the jockeying canada goose parka outlet in filings at the JPML. Why is a particular firm canada goose outlet real recommending consolidation before canada goose parka uk a particular judge? Why is one class action firm backing another recommendation? I would never be so cynical as to call such filings sheer politics I sure plaintiffs lawyers have sincere motives but angling for lead counsel assignments has become a routine and expected feature of big consolidated litigation. District Judge George Wu to bar the company from sending misleading communications to class canada goose outlet miami members. subsidiary responded last night to the TRO application and, according to VW, it is nothing more than canada goose outlet buffalo tactic for plaintiffs counsel to attempt to better position themselves as lead counsel in the hundreds of class actions that they and others have filed against various Volkswagen and Audi defendants. Volkswagen Group of America, which is represented by Mayer Brown and Herzfeld Rubin, has lots of other arguments against the TRO request, which it calls a bid for an overly broad prior restraint on the company First Amendment right to ordinary communications with its customers. The TRO, it contends, would prevent it from notifying some car owners about unrelated safety recalls or warranties and all because of the fear and pecuniary interest of Keller Rohrback. According to VW, the plaintiffs firm has evidence whatsoever that the company is contacting putative class members and trying to secretly induce them to canada goose outlet store uk opt out of any class. But Volkswagen also seems to do some of its own canada goose outlet online store review angling in the TRO opposition. The Central District of California is one of the likeliest sites for consolidation of the VW litigation. California has more canada goose outlet price clean diesel car owners than any other state, VW testing facility was in California https://www.topparka.ca , and state investigators helped expose the company alleged emissions testing deception. District canada goose outlet uk sale Judge Margaret Morrow, who was assigned the first California emission testing class action against VW. If Judge Morrow canada goose outlet us ends up overseeing all early procedural issues in the district that has been the site canada goose outlet locations in toronto of more VW class actions than any other, that a strong argument to send the entire litigation to her. Meanwhile, another Los Angeles federal judge made the unusual decision to reject a pro hac vice application by a prominent plaintiffs lawyer in a VW class action. District Judge Dale Fischer denied temporary admission to Hagens Berman partner Steven Berman, ruling that Berman own application disclosed he has appeared in 34 cases in the Central District alone in the past three canada goose womens outlet years. Such business, Fischer said, disqualifies Berman from pro hac vice status. I emailed Berman to ask whether Judge Fischer order would handicap his chances of being appointed lead counsel if the VW cases end up in California. He said it would not canada goose outlet toronto location because and I sure this will happen here, judges in MDLs automatically grant pro hac applications.

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