Updating our previous story, Judge Baer issued an order finding the requisite "diversity" in lead plaintiffs' counsel. Bainbridge points out that this contradicts the PSLRA, which doesn't permit judicial substitution of lead counsel appropriateness in a securities action, and agrees with Jason Mazzone that it's unconstitutional. However, no one has standing to appeal the order (at least in a securities case) except a law firm with the unambiguous right to serve as lead counsel who decides to challenge Judge Baer—and no law firm would ever want to alienate the judge to stand up for that principle.
Baer's Rule 23 racial quotas
- Prospective injunctive relief class actions and McNair v. Synapse Group Inc.
- Third Circuit argument in Dewey v. Volkswagen
- Hans Bader on EU's proposed gender quotas for corporate boards
- Cobell v. Salazar oral argument in DC Circuit
- Sixth Circuit brief in Pampers Dry Max class action
- Frankel on Baer race quota orders
- CCAF Second Circuit brief in Blessing v. Sirius XM Radio, Inc.
- CEI amicus in Cobell v. Salazar Indian trust appeal
- Opening brief filed in Cobell v. Salazar
- Bluetooth ripples: "kicker" provisions
- Around the web, September 9
- In re HP Laserjet
- Third Circuit rejects medical monitoring class actions
- In re Pampers Dry Max Litigation
- Judge Baer approves $0 Sirius XM class action settlement