Seventh Circuit: Rule 67 is Not Viable Path to Pick Off Class Action Plaintiff

Seventh Circuit: Rule 67 is Not Viable Path to Pick Off Class Action Plaintiff

This discussion looks to the Seventh Circuit's decision in Fulton Dental, LLC v. Bisco, Inc., which rejected a defendant's attempt to use Rule 67 to deposit funds with the court's registry as a way to force a putative class representative to involuntarily settle its claim. Fulton Dental builds on the Supreme Court's decision, last year, in Campbell-Ewald Co. v. Gomez, which held that an unaccepted Rule 68 offer of judgment could not moot a plaintiff's claims.

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7th Circuit: Impact of Defendant’s Exposure on Rule 23(f) Class Cert Appeal & Novel Issues of the TCPA

7th Circuit: Impact of Defendant’s Exposure on Rule 23(f) Class Cert Appeal & Novel Issues of the TCPA

This week's discussion focuses on a decision out of the Seventh Circuit by noted jurist Hon. Richard Posner that examines the impact of the magnitude of a defendant's liability on the determination of whether to exercise Rule 23(f) to permit an interlocutory appeal of class certification. The case also discusses numerous novel issues of the Telephone Consumer Protection Act (TCPA).

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7th Circuit Examines Boundaries of Class Action Fairness Act

7th Circuit Examines Boundaries of Class Action Fairness Act

This week's post takes a look at the Seventh Circuit's recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by utilizing a mechanism that left your author questioning the wisdom of the specific procedural result.

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Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious doubt" that counsel will represent the class loyally.

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