The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New York. Their voluntary dismissal came a few weeks after U.S. Magistrate Judge Kevin N. Fox refused to certify a class and rejected their proposed global settlement with the Full Tilt defendants. Relying on the standards set forth in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Judge Fox found that the plaintiffs did not satisfy Rule 23 and that their proposed settlement failed to provide due process to those putative class members claiming damages. The district court refused to permit an injunctive relief settlement–one which denies class members the right to opt out–when money damages were also at stake.
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