Tag Archives: class action

OA194: Paul Manafort is Going to Trial! (& McDonald’s!)

Today’s episode tells you everything you need to know before Paul Manafort’s trial in the Eastern District of Virginia, which begins Wednesday, July 25, 2018.  Oh, and we break down the recent lawsuit against McDonald’s to boot!

We begin, however, with a very good listener question from “Judicial Noir” regarding ethics, science, and a summer internship!

After that, it’s time to discuss an actual lawsuit over actual cheese.   Yes, there’s a class action lawsuit against Thomas’s favorite restaurant (McDonald’s) — and we’re here to help you separate fact from fiction!  Oh, and along the way, you might learn something about Microsoft, illegal tying arrangements, and antitrust law!

Then, it’s back to Yodel Mountain to explain in depth exactly what’s going on with our buddy Paulie M, and what you can expect over the next two weeks.

Finally, we end the answer to Thomas Takes The Bar Exam #85 regarding real property.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

If you didn’t see Andrew’s live appearance on Left-Right Radio with Chuck Morse, you can check out the YouTube archive of it.  And if you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Before we get to McDonald’s, you’ll need to read all about US v. Microsoft, 253 F.3d 34 (2001).  While you’re at it, you might as well brush up on the Sherman Anti-Trust Act, 15 U.S.C. § 1 et seq.
  2. After that, you can read the class action lawsuit against McDonald’s regarding the Quarter Pounder and Double Quarter Pounder.
  3. Andrew first broke down Judge Ellis in Episode 172.

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OA177: Neil Gorsuch’s Epic Decision & the NFL (feat. Chris Kristofco)

Today’s episode takes a deep dive into the recent Supreme Court decision in Epic Systems Corp. v. Lewis, a Gorsuch opinion that is exactly what we told you to expect back when he was nominated to the Court.  Oh, and we also tackle the latest policy issued by the NFL with our four-time guest, Chris Kristofco.

And that’s where we begin:  with a detailed breakdown of the legal implications of the NFL’s just-announced policy prohibiting on-field peaceful protests during the national anthem.  You won’t want to miss it!

During the main segment, we break down the Supreme Court’s 5-4 decision upholding the use of mandatory arbitration clauses that waive the right to class action lawsuits in take-it-or-leave-it contracts of adhesion.  But — because this is a Gorsuch opinion — you won’t be surprised to learn that it’s so very much worse than you thought.

After that, we move into a listener comment on plea bargaining that foreshadows an upcoming episode….

Finally, we end with the answer to Thomas Takes the Bar Exam Question #77 about the constitutional requirements (if any) to a 12-person jury and/or a unanimous one.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was just a guest on the Dumb All Over Podcast, episode 70.  Go check it out!

Show Notes & Links

  1. If you liked Chris and want to hear more, you can check out his excellent sportsball podcast, Titletown Sound Off, or you can check out his  previous appearances on the show:  Episode 6 (on the NFL), Episode 32 (on Phil Ivey’s gambling), and Episode 68 (on Aaron Hernandez).
  2. Also, our guest Chris Kluwe predicted something like this back in Episode 115.
  3. Click here to read the Supreme Court’s opinion in Epic Systems Corp. v. Lewis.  If you want to check out the data cited in Ginsburg’s dissent; that’s here.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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