Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of the problem was that those claims had been consolidated in this…
How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."
A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount in controversy in the case could plausibly top $5 million, thus crossing…