Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

In an article for Law 360, Faegre Baker Daniels attorney’s Christine Kain and Kevin Morrow discussed a recent West Virginia case involving retaliation against a defendant, or its counsel, when exercising removal rights. In the case, the plaintiff attempted to avoid federal jurisdiction by stipulating a maximum dollar amount for damages awarded – a rare and bold move with interesting implications for mass tort law.