For those who watch the U.S. Supreme Court, a theory of constitutional interpretation–so-called “originalism”–is now in vogue. The theory, which is often mouthed by politicians, suggests that the only way to interpret the U.S. Constitution is to look at what the founders wanted and thought and felt back when they… Continue Reading →
Yes, I’m going to name names here. That’s how we do things. But before I start throwing the dirt, I want to be clear about what they’ve done. Last week, a case I’ve been working on–Bixby v. KBR–got a lot of press. This is the Oregon National… Continue Reading →
Mike Doyle and I were in court this morning fighting off more KBR motions. The KBR defendants asked Judge Papak to prohibit us from taking discovery because–according to KBR–their motion to dismiss for lack of subject matter jurisdiction required no discovery. They also asked Judge Papak to prohibit discovery until… Continue Reading →
This is something of a rant directed at spammers. Regular readers and interested visitors aren’t covered by this. But you know that! Allowing comments on this blog is both a blessing and a curse. It’s a blessing when I get thoughtful feedback that makes think about something. Ditto for those… Continue Reading →
Portland’s KOIN 6 did this report KOIN 6 News Report on Trade Schools covering our consumer fraud class action against Western Culinary Institute/Le Cordon Bleu Portland and their parent, Career Education Corp. The coverage helps tell the story, though it maybe compresses the issues a bit too much. I… Continue Reading →
Late Friday, KBR filed its next motion to dismiss in Bixby v. KBR, Inc., 3:09 cv 00632-PK (D. Or.). Now the KBR defendants argue that the court lacks subject matter jurisdiction. KBR raises the political question doctrine, sovereign immunity and the Federal Tort Claims Act, and combatant activities doctrine. I’m… Continue Reading →
A Boy and His Dog was a mid-1970’s science fiction movie set in the rubble of the U.S. destroyed by nuclear war. It features a young Don Johnson and his telepathic dog. The title is fetching. The film–while flawed and violent–is darkly comic and memorable. I’m reminded of the… Continue Reading →
This is an update on our case, Bixby v. KBR, U.S. District Court Case No. CV 09-632-PK (D. Or.). In the case, soldiers serving in the Oregon National Guard claim that KBR defendants are responsible for their exposures to hexavalent chromium, a cancer-causing toxic chemical. The soldiers claim that KBR… Continue Reading →
It’s official. Justice Stevens announced his retirement from the U.S. Supreme Court effective the end of this term. Court watchers have been speculating for a while that this would happen. Here is one of many news reports. I’m taken by this quote from the linked MSNBC report… Continue Reading →
For those of us in the trenches representing consumers in class actions, it’s always nice to find good information resources in the law blog world. I’ve stopped by the Complex Litigator a few times. I only caught this post on a consumer class against Wells Fargo because… Continue Reading →