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Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions

USA - December 16 2020 The 11th Circuit recently addressed the issue of competing or overlapping class actions, which often create problems for both the plaintiffs’ counsel…

Kimberly M. Ingram, J. Thomas Richie.

11th Circuit Forbids Incentive Payments

USA - September 22 2020 You need to read Johnson v. NPAS Solutions, LLC. This recent decision from the 11th Circuit fundamentally changes the rules of obtaining approval for…

Dylan C. Black, J. Thomas Richie.

Congress Should Authorize Removal of Counterclaims and Third-Party Claims Pleaded as Class Actions

USA - April 11 2020 For over 240 years, Congress has allowed citizens of different states to litigate in federal court and, for equally as long, has permitted defendants…

Jeff Holmstrand, Michael R. Pennington.

“Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

USA - May 9 2019 Class actions typically involve a proposed class of plaintiffs seeking recovery from the same defendant on similar grounds. But that is not the only…

Michael R. Pennington.

Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class Member

USA - April 1 2019 Just when you thought litigating Telephone Consumer Protection Act (TCPA) class actions was as unsafe as it could get for defendants, the Ninth…

Sarah Sutton Osborne, Michael R. Pennington.