Thursday, October 08, 2009

Vinole v. Countrywide Home Loans (9th Cir. - July 7, 2009)

Nothing really special today. One published opinion from the Ninth, and one published opinion from the California Court of Appeal. Neither of which I'd recommend.

So I'll just make a practical (and hopefully helpful) suggestion from an opinion published a little bit ago. Don't assume you get to move for class certification on your own schedule. Smart defendants can move to deny class certification even before you move to certify.

Just a reminder that litigation -- like many other games -- is often about strategy. Use it wisely.