In Myrick v. WellPoint, Inc., Nos. 12-3882, 13-2230 (7th Cir. Aug. 19, 2014), plaintiffs filed a class action challenging a health insurance merger.  The district court declined to certify a class, and later entered judgment for defendants.  Because the case was not been certified as class action, the judgment bound over only the named plaintiffs.  The same law firm then filed a similar suit in state court, making the same allegations.  After the case was removed, the district court declined to remand, ruled in defendants’ favor, and awarded costs.  On appeal, the Seventh Circuit affirmed.  While it was not clear whether the costs were to be borne by the class or their counsel, the Seventh Circuit stated in affirming the award of costs that “law firms representing would-be class representatives have portfolios of suits.  Some will be settled for considerable sums, others will fail.  Paying the costs of failure is part of being in this business.”