Add this blogA few brief lessons ...
... from November's cases so far:
- CAFA has not changed the rule that a counterclaim cannot confer federal jurisdiction. Resurgent Capital Servs., LP v. Thomason, 2012 U.S. Dist. LEXIS (W.D. Mo. Nov. 5, 2012) (remanding case).
- Courts get suspicious when parties widen the scope of a class action during settlement negotiations. Smith v. Levine Leichtman Capital Partners, Inc., 2012 U.S. Dist. LEXIS 163672 (N.D. Cal. Nov. 15, 2012) (denying approval of settlement).
- If you're going to settle a class action, you still need a workable class definition. Supler v. FKAACS, 2012 U.S. Dist. LEXIS 159210 (E.D.N.C. Nov. 6, 2012) (denying preliminary approval of settlement).
Andrew Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has