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Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal
November 6, 2019 by John Keeling Baker, Devin R. Bates
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of the problem was that those claims had been consolidated in this…
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How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."
September 23, 2019 by John Keeling Baker, Devin R. Bates
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation
A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount in controversy in the case could plausibly top $5 million, thus crossing…
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