Combating Class Certification After CAFA Removal

Law360, New York (June 10, 2010, 11:57 AM EDT) -- The class action procedure gives plaintiffs a powerful weapon. Class actions allow a representative plaintiff to sue on behalf of other persons who have similar claims. Combining potentially thousands of claims raises the stakes in litigation, creates the possibility of a massive monetary damages award, and magnifies the risks posed even by weak claims.

These risks often can be compounded by an award of significant attorneys' fees. Thus, even if the underlying claims are of questionable merit, once a class is certified a defendant faced with...
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