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Seventh Circuit: Rule 67 is Not Viable Path to Pick Off Class Action Plaintiff

Colin E. Flora | Jun 24th, 2017

This discussion looks to the Seventh Circuit’s decision in Fulton Dental, LLC v. Bisco, Inc., which rejected a defendant’s attempt to use Rule 67 to deposit funds with the court’s registry as a way to force a putative class representative to involuntarily settle its claim. Fulton Dental builds on the Supreme Court’s decision, last year, in Campbell-Ewald Co. v. Gomez, which held that an unaccepted Rule 68 offer of judgment could not moot a plaintiff’s claims.

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7th Circuit: Impact of Defendant’s Exposure on Rule 23(f) Class Cert Appeal & Novel Issues of the TCPA

WP Admin | Apr 4th, 2014

This week’s discussion focuses on a decision out of the Seventh Circuit by noted jurist Hon. Richard Posner that examines the impact of the magnitude of a defendant’s liability on the determination of whether to exercise Rule 23(f) to permit an interlocutory appeal of class certification. The case also discusses numerous novel issues of the Telephone Consumer Protection Act (TCPA).

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7th Circuit Examines Boundaries of Class Action Fairness Act

WP Admin | Oct 4th, 2013

This week’s post takes a look at the Seventh Circuit’s recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by utilizing a mechanism that left your author questioning the wisdom of the specific procedural result.

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