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The House of Representatives has reintroduced the Fairness in Class Action Litigation Act (FICALA), and it’s more substantial than the 2015 version.  The previous version, you may recall, attempted to reinforce the typicality requirement to minimize the number of “no injury” class actions brought.  It cleared the House, but died in the Senate.  It

Rule 68 offers of judgment have been controversial in the class action context. Defendants will often use them in an attempt to moot the class claims of the named plaintiff: offering full relief first, and then moving to dismiss the case on jurisdictional grounds should the plaintiff decline the offer.

But there is a second

 In Thornton v. DaVita HealthCare Partners., Inc., No. 13-cv-00573-RBJ-KMT, 2013 U.S. Dist. LEXIS 145458 (D. Colo. Oct. 8, 2013), the plaintiffs filed a class action alleging various causes of action in the wake of a recall of certain brands of dialysis equipment. The case grew rapidly, and eventually involved several consolidated complaints.

The defendants