One tactic some defendants have tried to use in defending a class action is providing or offering to the named plaintiff the full relief requested on his or her individual claim. Typically a named plaintiff’s individual claim in a class action is worth a relatively small sum, much smaller than the costs of defending the
Seventh Circuit
Can Ethical Misconduct By Plaintiffs’ Counsel Bar Class Certification? Seventh Circuit Says Yes
By Wystan Ackerman on
Posted in Class Certification Standards
Some trial judges have debated whether, when one or more attorneys for a proposed class are accused of ethical misconduct in a case, that is a matter only for the bar authorities or is an appropriate issue for class certification. The Seventh Circuit recently held, quite forcefully, that misconduct by plaintiffs’ counsel is an appropriate…
Calculating the Amount in Controversy Under the Class Action Fairness Act in an Insurance Class Action: New Seventh Circuit Opinion
By Wystan Ackerman on
Posted in Class Action Fairness Act
The Seventh Circuit recently issued a decision favorable to insurers regarding calculating the amount in controversy under the Class Action Fairness Act (CAFA). In Keeling v. Esurance Insurance Company, 2011 U.S. App. LEXIS 19598 (7th Cir. Sept. 26, 2011), the plaintiff brought a class action alleging that certain UM/UIM coverage sold by Esurance was…
New Seventh Circuit Decision Provides Guidance on How Defendants May Be Able to Avoid Class Treatment By Voluntarily Providing Relief
By Wystan Ackerman on
Posted in Uncategorized
One question that tends to arise in insurance class actions and other consumer class actions is whether a defendant can avoid class treatment by voluntarily providing relief to the proposed class. The risks of doing that include the possibility that the litigation will continue because the plaintiffs’ lawyers will argue that the relief provided is…
Seventh Circuit Injunction Against Repetitive Class Action Remanded For Reconsideration In Light Of Smith v. Bayer
By Wystan Ackerman on
Posted in Injunctions
On the final day of the Supreme Court term, the Court vacated and remanded the Seventh Circuit’s decision in Thorogood v. Sears, Roebuck & Co. for reconsideration in light of the Court’s opinion in Smith v. Bayer Corp. (see my blog post on Smith). In Thorogood, the Seventh Circuit, after previously ruling that…
The Burden of Proof on the Amount in Controversy Under the Class Action Fairness Act: Seventh Circuit Makes It Easier for Insurance Companies and Other Defendants
By Wystan Ackerman on
Posted in Class Action Fairness Act
Often the first step for a carrier in defending an insurance class action filed in state court is to determine if the $5 million amount in controversy under the Class Action Fairness Act (“CAFA”) can be met for removal to federal court, and how the amount in controversy can be proven. In Back Doctors Ltd. …