A Class Action By Any Other Name Is Still A Class Action….

In a case with interesting implications for class action practitioners, the Seventh Circuit recently ruled against plaintiff Addison Automatics (Addison) in its attempt to dodge federal court jurisdiction (see Addison Automatics, Inc. v. Hartford Casualty Insurance Co. case no. 13-2729.

Addison had previously brought and settled a class action against Domino Plastics Co. (Domino) over Domino's practice of sending junk faxes in violation of the Telephone Consumer Protection Act (TCPA) (for more on TCPA issues, see Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions and New Jersey Judge Certifies TCPA Junk Fax Class).  Domino's insurer, Hartford Casualty Insurance Co. (Hartford), refused to provide coverage, and in order to protect its own interests, Domino settled the case with Addison for $18 million.  However, as part of that settlement, Addison agreed that none of that amount would be collected from Domino – rather, Domino assigned