Andrew Samuels

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A Look at Potential Supreme Court Nominees’ Class Action Decisions

By Andrew Samuels on January 31, 2017 Posted in Uncategorized

Tonight, President Donald Trump is expected to nominate one of three federal appellate judges to the Supreme Court: Judge William Pryor of the Eleventh Circuit, Judge Neil Gorsuch of the Tenth Circuit or Judge Thomas Hardiman of the Third Circuit. While their class action experience varies, all three judges have recently sided with class action … Continue Reading

Arkansas Federal Court to Consider Sanctioning Attorneys for Using Federal Jurisdiction as “Bargaining Chip” in Negotiating State-Court Class Settlement

By Andrew Samuels on January 27, 2016 Posted in Class Action Trends, State Class Action Law

In Adams et al. v. United Services Automobile Ass’n et al., W.D. Ark. No. 2:14-cv-02013, Chief District Judge P.K. Holmes III of the Western District of Arkansas will soon decide whether to sanction attorneys who negotiated a class settlement in federal court and then dismissed and refiled in state court, where the case originated, for … Continue Reading

Removal Evidence Need Not Be Perfect and Declaratory Relief Alone May Satisfy CAFA Amount-in-Controversy Requirement, says the Eleventh Circuit

By Andrew Samuels on February 19, 2014 Posted in Class Action Fairness Act, Insurance, Rule 23(b)(2) Class Actions

Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking only declaratory relief “can be up to the task” of satisfying the Class Action Fairness Act’s $5 million amount-in-controversy requirement. In an alleged class action … Continue Reading