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

Tag Archives: CAFA

Coupon Settlements Revisited – Feder v Frank

Posted in Settlement

Just about anyone who owns a printer has strong opinions on toner cartridges. An enterprising group of plaintiffs’ lawyers sought to capitalize on consumer annoyance with printer cartridges by filing three class actions in the Northern District of California against toner manufacturer Hewlett Packard. Their cases didn’t go so well. Some of the complaints were… Continue Reading

CAFA Jurisdiction and the Entity Theory – Standard Fire Ins Co v. Knowles

Posted in Motions Practice

Yesterday, the Supreme Court issued its opinion in Standard Fire Insurance v. Knowles.  The question the Court faced in this case was whether a plaintiff may avoid removal of a class action under CAFA by stipulating that the case is worth less than $5 million, the statutory amount-in-controversy requirement. The Knowles opinion–which was unanimous–provides a… Continue Reading

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… Continue Reading

Complaints Still Matter – Pleadings, Primary Defendants, and Local Controversies

Posted in Motions Practice

 Daniel Villalpando sued three companies–Exel Direct, Inc., Deutsche Post DHL, and DHL Express (USA), Inc.—in California state court for underpaying him and drivers like him by misclassifying them as independent contractors. The defendants removed the case to the Northern District of California under the auspices of the Class Action Fairness Act. Mr. Villalpando moved to… Continue Reading

Strategy Beats Tactics – Carter v. Allstate Ins. Co

Posted in Motions Practice

 Back in 1990, Kenneth Carter was in an automobile accident with an underinsured motorist, one serious enough to exhaust the other party’s limited bodily injury coverage. Carter’s policy allowed him to stack coverage, meaning he probably had $150,000 coming to him. But his insurer didn’t tell him that, instead allowing him to believe that he… Continue Reading

Does Virtual Gold Count Towards CAFA’s Amount in Controversy? Abreu v Slide Inc (ND Cal 2012)

Posted in Motions Practice

For the tech savvy, virtual money is all the rage. It’s been the subject of a few science fiction/crime mashups by bestselling authors like Neal Stephenson and Charlie Stross. It even provides a thriving trade in various online games, one that has proved to be worth a fair amount of of real-world money. And now, it’s… Continue Reading

When Plaintiffs Sell Out Absent Class Members – Thatcher v. Hanover Insurance Group

Posted in Motions Practice

Today’s case, Thatcher v. Hanover Insurance Group (8th Cir. 2011) is another short one that nonetheless raises important issues for class action defendants. Allen Thatcher (or, rather, his attorneys) filed a class-action complaint in Arkansas state court against his insurance company. He alleged that the defendants did not pay insureds properly under the terms of their… Continue Reading