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Tag Archives: punitive damages

Do Class Counsel Owe Fiduciary Duties to Absent Class Members Before Class Certification (and Should Defendants Care)?

Posted in Adequacy, Class Action Trends, Class Certification

According to an interesting student note that will soon be published in the Stanford Law Review, the answer to both questions is “yes.” Specifically, the would-be class counsel must “protect[] the substantive legal rights of putative class members . . . from prejudice” “resulting from the actions of class counsel.” The implications for defendants opposing… Continue Reading

District Court Confirms that Class Action Fairness Act Authorizes Removal when Request for Punitive Damages Causes Amount in Controversy to Exceed $5 Million

Posted in Motions Practice

The first step in defending a class action filed in state court is to check whether it may be removed to federal court. To some, removal may seem hopeless if the plaintiff asserts only state-law claims and the amount of potential actual damages at stake appears to be well below the $5 million amount-in-controversy threshold… Continue Reading