Settling After Class Denial — If Only It Were That Easy

Law360, New York (September 17, 2014, 10:09 AM EDT) -- You represent a defendant in a putative class action in federal court. The lead plaintiff's potential damages are de minimis, although lead plaintiff's counsel is seeking millions on behalf of the putative class. You believe that if you can defeat the lead plaintiff's motion for class certification, the (soon-to-be former) lead plaintiff will lose settlement leverage and quickly settle its claim for a trivial amount. After all, you think, now that class certification has been denied, your client no longer has to worry about classwide damages, right? If only it were that easy.

As a threshold matter, the former lead plaintiff...

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