Oct. 19, 2018 — Maurice Wutscher attorneys Eric Tsai and Ernest P. Wagner have written articles for the September issue of Business Law Today’s Month-In-Brief: Business Regulation & Regulated Industries.
In “CAFA Amount in Controversy Includes Future Attorney’s Fees,” Mr. Tsai discusses a decision by the U.S. Court of Appeals for the Ninth Circuit holding that the amount in controversy for jurisdiction under CAFA includes all attorney’s fees, including future fees, and writes of a decision by the U.S. Court of Appeals for the Eighth Circuit that CAFA jurisdiction cannot be defeated by a pre-class certification damages stipulation limiting attorney’s fees but must also include future attorney’s fees.
“These rulings have practical implications for parties challenging federal jurisdiction under CAFA in complex class actions,” he writes.
In “7th Circuit Holds Plaintiff’s Settlement of Parallel Claim Against Another Defendant Mooted FDCPA Claim,” Mr. Wagner recaps the U.S. Court of Appeals for the Seventh Circuit’s decision in Portalatin v. Blatt, Hasenmiller, Leibsker & Moore, LLC, which held that the plaintiff’s settlement with the creditor for the same indivisible injury mooted the plaintiff’s FDCPA claims.
“The Seventh Circuit held that Plaintiff was only entitled to recover FDCPA statutory damages capped at $1,000 for her indivisible injury once,” he writes. Thus her settlement mooted her FDCPA claim and she was not entitled to attorney’s fees or costs.