Arsen Kourinian, a litigator in McGuireWoods’ Los Angeles – Century City office, wrote a July 18 Law360 article titled “Resolving Class Claims Individually Post-Fulton Dental.”
In the article, Kourinian discussed procedural mechanisms for resolving individual claims in order to moot putative class actions and examined how the U.S. Supreme Court’s Campbell-Edwald decision and the recent Fulton Dental decision by the 7th U.S. Circuit Court of Appeals may impact those strategies.
Kourinian noted that “although Campbell-Ewald and its progeny still leave options for a defendant to end a putative class action on an individual basis, there are risks to using Rule 55 or 56 to achieve this result. The most balanced alternative is the time-honored approach — work with plaintiffs counsel to informally resolve the plaintiff’s individual claims and obtain voluntary dismissal of the class claims.”