Now this is an interesting development. The Scruggs Law Group yesterday withdrew its motion for conditional certification and preliminary settlement approval for Woullard v. State Farm. A pdf of the notice of withdrawal is here. You may recall that Woullard is the case where Scruggs and State Farm were seeking to certify a class of some 35,000 residents of southern Mississippi residents who had not filed lawsuits. The class action would have been immediately settled upon certification, with a review and arbitration process set up to handle claims. Judge Senter earlier refused to certify the class and approve the settlement out of concerns for procedural fairness, and after reading his opinion at the time, I said it was going to be a real uphill fight to satisfy his concerns. After a recent hearing by Senter to reconsider the matter, Scruggs apparently agrees. Thanks to one of my fine friends in Mississippi for tipping me to this development.
UPDATE: Here’s a story by John O’Brien of LegalNewsline about the Scruggs withdrawal notice, quoting me.
SECOND UPDATE: Here’s another story, by Lavonne Kuykendall of Dow Jones Newswires, also quoting me.