Tag Archives: shutts

Supreme Court to Consider Rights of Absent Class Members in CAFA Case

On August 31st, the U.S. Supreme Court granted certiorari review of a case involving the Class Action Fairness Act of 2005 (“CAFA”).  In The Standard Fire Insurance Co. v. Knowles, No. 11-1450, plaintiff’s counsel tried to avoid the federal jurisdiction mandated by CAFA by stipulating that the damages sought by the putative class would be … Continue Reading

Second Circuit: Notice Required When Damages Not “Incidental” in a Rule 23(b)(2) Class

Editors’ Note:  This article originally appeared as a “Client Alert” from Baker’s Class Action Defense team. Pointing out pitfalls in structuring enforceable class settlements, the Second Circuit Court of Appeals recently found that an absent class member’s claims were not barred by a prior settlement in a Rule 23(b)(2) class where monetary relief was not … Continue Reading
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