Milberg Malpractice Class Action: Round Two

Plaintiffs alleging their lawyers botched their securities class action can try again to get class status for their malpractice claims (Bobbitt v. Milberg LLP, 2015 BL 292512, 9th Cir., 13-15812, 9/10/15).

Individual issues don’t predominate over common questions because Arizona law applies to all class members’ claims, the U.S. Court of Appeals for the Ninth Circuit said.

That’s because the alleged malpractice occurred in Arizona, Judge John B. Owens’s Sept. 10 opinion for the court said.

The lower court improperly concluded that the law applicable to each unnamed class member was the law of that member’s domicile, the ...