Hi there, hope you had a restful, restorative long holiday weekend.
Let's take a quick peek at our world:
1. The 11th Circuit (w/ Judge Jordan on board) affirms a district court approval of an ADA settlement involving Segways at Disney World:
Because the district court found that class representatives were unlikely to prevail at trial, the district court found that Disney’s agreement to produce and make available the ESVs is a beneficial remedy for the class. This finding does not constitute an abuse of discretion. If Disney prevails at trial, the class will be left with no remedy at all. This settlement precludes such a Draconian result and ensures that a stand-up mobility device is available at Disney Resorts that conforms to its unique safety requirements. Therefore, we conclude that the district court’s finding that the settlement results in a “fair, adequate, and reasonable” remedy within the range of possible recoveries is also not an abuse of discretion.Wow -- people still use Segways?
2. Speaking of class actions, the apocryphal story of a bank deducting a penny a month is often cited as the perfect case for class treatment, yet this one involving a local "fashionista" lawyer and Forever 21 comes pretty close:
A fashionista lawyer who returned black denim shorts to Forever 21 but received a penny less than what she paid is suing the retailer on behalf of fellow customers who "number in the thousands, spread over several states."
Carolyn Kellman, whose fashion sense was profiled in the Miami Herald in 2007, paid $14.46 for the shorts at the Forever 21 store in the Dolphin Mall on May 12, the complaint filed by Kevin Love of Criden & Love in South Miami said.
Kellman, an attorney with the Strickland Law Firm in Coral Gables, returned the shorts to the Forever 21 in the Shops@Sunset Place on May 30 but was credited $14.45, "or exactly $0.01 less," the complaint said.
On June 27, Kellman was charged $11.57 for a skirt, also black, at the Sunset Place store. She returned it July 13 and was credited $11.56, according to the complaint, which attaches copies of her receipts and alleges breach of contract, unfair and deceptive practices, and unjust enrichment.Query -- if you shop at Forever 21 does that make you "fashionista"?
3. Steven Lippman disbarred.
And here's a flashback from 2009 after Arthur Rice acted like a mensch, hired Lippman, and publicly rose to his defense:
Arthur Rice, a name partner in the firm, said in an e-mail Tuesday night that he had not yet read the complaint.Is it too early for some Xanax?
``Having said that I know Steve Lippman and he is a man of integrity and until we are shown competent evidence to the contrary he will remain a valued member of our firm. I and other members of our firm have considerable experience in fraud recovery work and it is our collective experience that in cases such as this things are not always what they appear to be.''