A busy travel and work schedule this week means that today, I’m just going to point you to three cases with lessons class-action lawyers should be aware of. So, when defending your class actions, don’t forget:
- When removing under CAFA, pay attention to continuing damages. In Leslie v. Conesco Life Ins. Co., 2012 U.S. Dist. LEXIS 130508 (S.D. Fla. Sep. 13, 2012), the Southern District of Florida was willing to count continuing damages up through the projected trial date in determining whether the plaintiff met the $5 million amount-in-controversy requirement.
Plaintiffs must prove arbitration would be too