In Rolwing v. Nestle Holdings, Inc., 666 F.3d 1069 (8th Cir. 2012) (No. 11-3445), the plaintiff sued Nestle for claims arising out of a corporate merger.  In the complaint, and in stipulations filed in the district court, plaintiff agreed to limit its claim to less than $5 million to defeat removal.  Defendant removed, the district court remanded the action, and the Eighth Circuit affirmed.  First, the district court found that the class was bound by the disclaimer of damages.  Under Missouri law, the doctrine of judicial estoppel prevented the class from repudiating that limitation on its class.  Second, the court found that the limitation of the claim was not a violation of the class representative’s fiduciary duty to the class.  While a class representative cannot abandon a major component of the claim, the court noted that a class representative may make choices, including binding stipulations, that affect the class.  Objecting class members would be able to protect their interests by opting out of the litigation.