A unanimous three-judge panel from the U.S. Court of Appeals for the Ninth Circuit has ruled that a malpractice case may proceed as a class action against Milberg LLP and now-disbarred attorney Melvyn I. Weiss among others for their alleged bungling of a securities fraud class action on behalf of more than one million investors in Variable Annuity Life Insurance Company Inc. as reported by Amanda Bronstad for The National Law Journal: "the malpractice case, filed in 2009, accuses Milberg and three other firms of negligence given the missed deadlines and their failure to inform class members about the status of the litigation."
A few years ago an earlier incarnation of the Milberg firm was indicted for its alleged role in a decades-long conspiracy pursuant to which serial plaintiffs were paid kickbacks from court-approved attorneys' fees in the cases. Mel Weiss was sent to prison for two years on a racketeering conviction, and the firm avoided further prosecution after paying a $75 million fine and employing a compliance monitor for two years.
Last year Facebook and its CEO Mark Zuckerberg sued Milberg LLP among others for malicious prosecution in their legal representation of Paul Ceglia who falsely claimed an ownership stake in the social network, and a New York judge refused to dismiss their suit ruling "the social media giant has adequately claimed the firms knew the case was meritless" as reported by Law 360.
Further reading that may be of interest: