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News
October 8, 2014

In The News Today – October 8, 2014

A case regarding the standard for moving class actions into federal court has morphed into a question of the U.S. Supreme Court’s power to review appeals arising under the Class Action Fairness Act (CAFA). Dart Cherokee Basin Operating Company LLC et al. v. Brandon W. Owens held that Dart Energy Corp. failed to furnish enough evidence to support its bid to move an oil & gas royalties class action to a federal court, leading the company to request a review by the high court. Dart argues that the decision expands the notice-pleading standard and contradicts the purpose of CAFA. Whether the justices will address the underlying merits of the case is a “tossup”: the high court cannot override the Tenth Circuit decision “unless there is something unlawful about that judgment,” commented Justice Scalia. (Law360)

After taking artistic license with the tort system, Melvyn Weiss—convicted in 2008 for funneling kickbacks to “professional plaintiffs” who helped him win $250 million over a period of two decades—is now selling off his Picasso collection. (Bloomberg)

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