Wednesday, November 27, 2013

Federal judge slams class-action lawyers in Nissan case

By Editorial Writer

Alex Kozinski is chief judge for the U.S. Circuit Court of Appeals for the Ninth Circuit in San Francisco. He is also among the technology “early adopters” who bought one of the 35,000 or so Nissan Leafs sold by the Japanese automaker here in America since its introduction in 2010… [which turned out] to be rather unfortunate for the class action lawyers who represented …..class members in their suit against Nissan North America…..the judge’s objection is not simply due to the fact his Leaf doesn’t go as far as Nissan claimed in its advertising it would go between recharges, and it isn’t because he thinks the $5,000 Nissan agreed to pay to the affected individuals was insufficient [saying] the plaintiffs’ lawyers “sat down to the negotiating table and cut a deal without knowing a single thing about what cards their opponents held. For all counsel knew — for all they know even today…..As soon as discussion began on a settlement, the search for the truth about the Leaf ended……

Class action lawsuits to intimidate defendants into settlements with lucrative fees for plaintiffs lawyers are among the chief drivers increasing legal costs in this country in recent decades. As Institute for Legal Reform President Lisa Rickard said, “America is known as the land of the free, but it is also the land of unnecessary lawsuits. ... [E]xcessive litigation creates enormous costs for businesses, workers, consumers, and the overall economy.”….To Read More…..

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