Restaurant chain Egg Works has filed a class action lawsuit in federal court against two insurance companies over denials relating to business interruption coverage. You can view the complaint here.
Judge Denton rules in favor of company in suit against former CEO. [BlastingNews]
Divorced parents try to find middle ground in pandemic. [RJ]
Criticisms of Washoe County’s in-person foster care visitations. [TNI]
Dayvid Figler writes, ‘In defense of Mayor Goodman.” [TNI]
Orrin Johnson opines that, “Nevada is reopening, ready or not.” [TNI]
It’s a busy morning over at the US Supreme Court with decisions about the government paying insurers over the ACA and Georgia not entitle to copyright protection of its official annotated code. [SCOTUSblog]
Why would a Los Angeles, CA and Novato, CA firm be in this case? Is it because the Nevada counsel doesn't do class actions and couldn't find a competent Nevada firm to handle the class action needs of the case? Or did Egg & I (et al) seek outside Nevada counsel first and outside Nevada counsel brought in the Nevada counsel?
I don't follow class actions, although from the outside they mostly seem to be 'attorney employment cases' as opposed to 'financially helping the class/party cases', so I admit my knowledge of the sausage making part of class actions work.
9:43 – given that you admit that you're ignorant about class actions, I don't know why you found it necessary to share your banal, incorrect perspective on the social value of them
hey 11:03, if it was "wrong" for 9:43 to share then wouldn't it be doubly wrong for you to share about his sharing i.e., continuing it. Do you really think it is constructive to criticize an OP? Let all say what they want and be encouraged, we don't need the blog police on here and please remember, it's just a blog, if you are bothered in other areas of your life, no need to take it out on those brave enough to try to write a post. Hey 9:43, say anything you want and tell 11:03 to eat a bowl of dicks
11:03 here – what frustrated me is after 9:43's interesting question, he tacked no the laziest take about class actions. But your point that my comment was not constructive is well taken.
So I will try to be constructive: the reason consumer and employee class actions are usually valuable, even when their payouts are unimpressive for clients, is because they serve the purpose of deterring and disincentivizing unlawful business practices. You can see the kind of perverse incentives that would reign if companies were insulated from litigation for ripping off consumers, as long as the amount they took from each consumer was small enough that suing would be uneconomical. Among other benefits, class actions protect consumers and law-abiding competitors from facing that scenario.
That is not to say that all class actions are worthy or that all class action attorneys are ethical, but focusing on small individual awards is missing a big part of the point.
@9:43a here – I've been in the 'class' of many class actions, including BarBri, a current auto-parts one, one for Verizon, one for a credit card where the company was charging for credit protection insurance, one for a telemarketing company violating the TCPA nationwide, etc. For each of those as part of the class I got something like $5-$50, for Barbri it was ~$450, while the primary plaintiffs got more, and the attorneys got multiples of what the primary plaintiffs received.
As such, my perspective of them has been, and still is, that they are not primarily meant to help the class or plaintiff's financially as individuals or individual entities, but benefit the attorneys handling the case more than the individual class members (but not the class as a combined whole.)
I think you'll find my anecdotal based beliefs are not unique.
If the NSB is closed, what is OBC doing these days for fun? Picking the wings off fireflies, laughing at the homeless in the parks, running over baby rabbits, etc.?
The complaint looks good. I cannot stand Egg & I. I look down on the schmucks who stand in line to eat that dog food. One of the upsides of the shutdown is they might just disappear. BUT, I sincerely hope they win. Go for it! Win, so your customers can keep stuffing their gullets with dogshit omelets.
Completely agree. For as great a food town as this is (or was, before March 11), Las Vegas is lacking for great breakfast restaurants and good burger joints with high quality, classic burgers.
Wow, really? I think their skillets are pretty good and while they're a little expensive, I've spent more around here for meals that weren't noticeably better. Folks reading all of this who haven't eaten there, I encourage you to at least give them a try.
Why are you sorry that he is being brought into this? Herndon participated in wrongfully incarcerating a man for over 20 years through a bloodlust for conviction at all costs. The Nevada Supreme Court reviews cases of people wrongfully convicted and incarcerated. Do you really not think the Steese case is relevant?
At the end of the day, Steese is irrelevant to the campaigns of both Herndon and William "Bill" Kephart. Money is what matters. If we did an exit poll, I am confident that fewer than 10% of voters will be able to identify Fred Steese. Should Steese count? Probably. For one judge more than the other? Does it really matter whether it was Kephart or Herndon in the drivers seat? The only difference is that Herndon has expressed public contrition, while from what I can tell Kephart's strategy is to refuse to discuss it publicly with any kind of detail. That's probably a smart, winning campaign strategy. This sleeping dog isn't asleep, but it is only half awake. Why raise the risk with a substantive response? That's smart politics.
@642: It is half awake in April. Talk to me in September and October when Ozzie carpet-bombs with evidence that Herndon put an innocent man in prison for two decades. If Herndon was attempting the defend Department 3, I would agree that incumbency might not be affected. But he is seeking a promotion.
@5:43– It is politics, but it is more than politics. Herndon did not passively preside over a wrong decision. He was actively participating in a coverup that led to a man losing 20 years of his life in horrible conditions. "Doug Herndon said in an interview… it’s never an easy conversation to say, I had involvement in a case where a defendant went to trial and was found guilty, went to prison and then was found factually innocent.’…. 'errors were made and those were bad. But please believe me, I’m not a horrible person.'” I agree. I like Doug. However he has paid no price or penitence for this event. There has been no consequences for his actions.
*This* is the kind of thing that OBC should be spending its time on. But that will never happen, so the only place there will be any consequences is at the ballot box. Herndon and Kephart have both been fair with me over the years in civil cases, but this is disqualifying.
I share 11:23's perspective. I think Herndon has truly been a good trial judge over the years; however his advocacy for the State to pay for his sins is what remains wrong with criminal prosecutions in this state. These mistakes and bad acts were done by people who need to accept that they are more than cogs in a machine.
I am still voting for Herndon, because I like him. I understand what happened to Steese, and I feel bad for him, but I am not voting for Ozzie. Herndon is more qualified.
I love it how Dave Thomas picks and chooses what cases he cares about for his candidates. His other current candidates are screwing over Nevadans now. What a house those cases, Dave?
Why would a Los Angeles, CA and Novato, CA firm be in this case? Is it because the Nevada counsel doesn't do class actions and couldn't find a competent Nevada firm to handle the class action needs of the case? Or did Egg & I (et al) seek outside Nevada counsel first and outside Nevada counsel brought in the Nevada counsel?
I don't follow class actions, although from the outside they mostly seem to be 'attorney employment cases' as opposed to 'financially helping the class/party cases', so I admit my knowledge of the sausage making part of class actions work.
@9:43a here – 'I admit…… is lacking'
9:43 – given that you admit that you're ignorant about class actions, I don't know why you found it necessary to share your banal, incorrect perspective on the social value of them
hey 11:03, if it was "wrong" for 9:43 to share then wouldn't it be doubly wrong for you to share about his sharing i.e., continuing it. Do you really think it is constructive to criticize an OP? Let all say what they want and be encouraged, we don't need the blog police on here and please remember, it's just a blog, if you are bothered in other areas of your life, no need to take it out on those brave enough to try to write a post. Hey 9:43, say anything you want and tell 11:03 to eat a bowl of dicks
11:03 here – what frustrated me is after 9:43's interesting question, he tacked no the laziest take about class actions. But your point that my comment was not constructive is well taken.
So I will try to be constructive: the reason consumer and employee class actions are usually valuable, even when their payouts are unimpressive for clients, is because they serve the purpose of deterring and disincentivizing unlawful business practices. You can see the kind of perverse incentives that would reign if companies were insulated from litigation for ripping off consumers, as long as the amount they took from each consumer was small enough that suing would be uneconomical. Among other benefits, class actions protect consumers and law-abiding competitors from facing that scenario.
That is not to say that all class actions are worthy or that all class action attorneys are ethical, but focusing on small individual awards is missing a big part of the point.
@9:43a here – I've been in the 'class' of many class actions, including BarBri, a current auto-parts one, one for Verizon, one for a credit card where the company was charging for credit protection insurance, one for a telemarketing company violating the TCPA nationwide, etc. For each of those as part of the class I got something like $5-$50, for Barbri it was ~$450, while the primary plaintiffs got more, and the attorneys got multiples of what the primary plaintiffs received.
As such, my perspective of them has been, and still is, that they are not primarily meant to help the class or plaintiff's financially as individuals or individual entities, but benefit the attorneys handling the case more than the individual class members (but not the class as a combined whole.)
I think you'll find my anecdotal based beliefs are not unique.
@9:43a here – I queued up the reply above, got distracted, and when I posted, saw that you [@12:51] had posted. My reply was to you at 11:03.
The story of the murdered Utah parents, we were chatting about last week, made the national news. Just FYI.
That "BlastingNews" article certainly was fair and balanced.
Sorry, I don't understand the reference.
@10:47a – read the above headlines at the top of this page for today's blog. One of the links is to 'BlastingNews'.
anybody know what changes are in the new fed. ct local rules? Any big changes? Too busy counting the squares of tile in my kitchen to read it
But have you named them yet? (with apologies to Dumas and The Count of Monte Cristo)
Jay Young has a summary on his website. http://nevadalaw.info/summary-of-the-april-17-2020-amendments-to-the-local-civil-rules-of-the-united-states-district-court-for-the-district-of-nevada/
thanks
If the NSB is closed, what is OBC doing these days for fun? Picking the wings off fireflies, laughing at the homeless in the parks, running over baby rabbits, etc.?
Cold.
The complaint looks good. I cannot stand Egg & I. I look down on the schmucks who stand in line to eat that dog food. One of the upsides of the shutdown is they might just disappear. BUT, I sincerely hope they win. Go for it! Win, so your customers can keep stuffing their gullets with dogshit omelets.
Completely agree. For as great a food town as this is (or was, before March 11), Las Vegas is lacking for great breakfast restaurants and good burger joints with high quality, classic burgers.
Wow, really? I think their skillets are pretty good and while they're a little expensive, I've spent more around here for meals that weren't noticeably better. Folks reading all of this who haven't eaten there, I encourage you to at least give them a try.
I've never understood Egg & I or Eggworks, so meh.
Taste is subjective.
Egg Beaters for my BOG running fat ass. I know Elissa wants me to vote for Fumo, but no.
What do ya'll think about Seat D supreme court race? Ozzie Fumo, Doug Herndon, Erv Nelson?
Ozzie Fumo
Herndon
Herndon is the more judicial candidate; Ozzie gets my vote after all of that Fred Steese stuff. Not sure why Erv is even in this race.
Fumo would be great.
I am sorry Fred Stress is being brought into this, and I am sorry what happened to him, but Herndon for me.
Why are you sorry that he is being brought into this? Herndon participated in wrongfully incarcerating a man for over 20 years through a bloodlust for conviction at all costs. The Nevada Supreme Court reviews cases of people wrongfully convicted and incarcerated. Do you really not think the Steese case is relevant?
How come one case is relevant for some judges and not others? I agree, Steese was bad, but why is Fumo trying to use him for his campaign?
At the end of the day, Steese is irrelevant to the campaigns of both Herndon and William "Bill" Kephart. Money is what matters. If we did an exit poll, I am confident that fewer than 10% of voters will be able to identify Fred Steese. Should Steese count? Probably. For one judge more than the other? Does it really matter whether it was Kephart or Herndon in the drivers seat? The only difference is that Herndon has expressed public contrition, while from what I can tell Kephart's strategy is to refuse to discuss it publicly with any kind of detail. That's probably a smart, winning campaign strategy. This sleeping dog isn't asleep, but it is only half awake. Why raise the risk with a substantive response? That's smart politics.
@642: It is half awake in April. Talk to me in September and October when Ozzie carpet-bombs with evidence that Herndon put an innocent man in prison for two decades. If Herndon was attempting the defend Department 3, I would agree that incumbency might not be affected. But he is seeking a promotion.
@5:43– It is politics, but it is more than politics. Herndon did not passively preside over a wrong decision. He was actively participating in a coverup that led to a man losing 20 years of his life in horrible conditions. "Doug Herndon said in an interview… it’s never an easy conversation to say, I had involvement in a case where a defendant went to trial and was found guilty, went to prison and then was found factually innocent.’…. 'errors were made and those were bad. But please believe me, I’m not a horrible person.'” I agree. I like Doug. However he has paid no price or penitence for this event. There has been no consequences for his actions.
Consequences for Herndon but not Kephart? Really?
Oh no. Kephart was far more responsible than Herndon but they both should face consequences.
*This* is the kind of thing that OBC should be spending its time on. But that will never happen, so the only place there will be any consequences is at the ballot box. Herndon and Kephart have both been fair with me over the years in civil cases, but this is disqualifying.
I share 11:23's perspective. I think Herndon has truly been a good trial judge over the years; however his advocacy for the State to pay for his sins is what remains wrong with criminal prosecutions in this state. These mistakes and bad acts were done by people who need to accept that they are more than cogs in a machine.
I appreciate the thoughts on Herndon.
What about Ozzie on his own merits? Is he Supreme Court material?
I am still voting for Herndon, because I like him. I understand what happened to Steese, and I feel bad for him, but I am not voting for Ozzie. Herndon is more qualified.
I love it how Dave Thomas picks and chooses what cases he cares about for his candidates. His other current candidates are screwing over Nevadans now. What a house those cases, Dave?
About those