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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

A few brief lessons …

Posted in Settlement

 … 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).