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When Does a Defendant Have Standing to Challenge an Attorney Fee Award?

USA - December 15 2015 The class action has settled. There is a possibility that a portion of the settlement fund, if otherwise unclaimed, will ultimately revert to the…

When plaintiffs fail to plead the “local controversy” exception to CAFA

USA - July 15 2015 A narrow exception to CAFA’s broad removal provisions is the “local controversy” exception, which prohibits removal in certain cases where the dispute…

CAFA removal: a second bite at the apple?

USA - May 1 2015 Until a couple of years ago, plaintiffs' attorneys seeking to keep their class actions in state court would frequently stipulate that they would not…

CAFA removal jurisdiction: using a Plaintiff’s complaint against it

USA - January 22 2015 Most cases involving the existence of removal jurisdiction under CAFA involve the $5 million amount in controversy. In a recent Third Circuit opinion…

“Buying your peace” in a class action settlement

USA - November 25 2014 For defense attorneys negotiating class action settlements, a major consideration is ensuring that their client has indeed "bought its peace"&mdash…