Class Action
CAFA Law Blog - Information, cases and insights regarding the Class Action Fairness Act of 2005 
The CAFA Law Blog is an online resource for information, cases and insights regarding the Class Action Fairness Act of 2005, or “CAFA.”
Post Frequency: 1.1/day Last Entry: October 23, 2009 at 09:30:00 Recent Entries: 327
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If It Walks Like a Defendant, Quacks Like a Defendant, Looks Like a Defendant, It Must Be a Defendant. WRONG!
Posted on October 23, 2009Wells Fargo Bank v. Gilleland, 621 F.Supp.2d 545 (N.D.Ohio 2009) A defendant is only a defendant if it was named as a defendant in the original complaint, according to the Ohio district court in Gilleland. There, mortgagee Wells Fargo filed a foreclosure action in state court against the Gillelands...
Where's Jimmy Carter When You Need Him?
Posted on October 22, 2009Anderson v. Hackett, 09-227 (S.D. Ill. July 30, 2009) Unlike Love Canal, the plaintiffs in Anderson don't have a President Carter to evacuate their toxic village . . . but at least they can rely on the 'local controversy' exception to CAFA In Anderson, the plaintiffs filed a putative class action in Illinois state court alleging that the defendants had released toxic substances from various sites in St...
ABCs of CAFA and Weight Loss
Posted on October 21, 2009Forlenza v. Dynakor Pharmacal, LLC, CV09-03730 MMM (C.D. Cal. June 18, 2009). If you are looking for a primer on CAFA jurisdiction, this is it. The Central District of California has done a great job of outlining CAFA jurisdiction and even the exceptions to CAFA jurisdiction just for you...
Jersey? What exit?
Posted on October 15, 2009Coleman v. Chase Home Finance, LLC, 08-2215NLHJS, 2009 WL 1323598 (D.N.J., May 11, 2009). Pay attention to those citizenship allegations, litigators, or you risk being forced off the federal court turnpike at the next exit! Remember that federal courts sometimes analyze whether they have subject matter jurisdiction, even if the parties themselves do not raise the issue...
I Won't Pay. I Know Too Much About Extortion -Tony Soprano.
Posted on October 14, 2009Kaufman v. Allstate New Jersey Insurance Company, et al, 561 F. 3d 144 (3rd Cir. 2009). When I read this case I thought hmm, insurance, New Jersey, the Sopranos. Then I thought, is it really fair to the mafia to compare them to the insurance industry? Then I thought , I miss the Sopranos...
Jurisdictional Burden of Proof Explained...at least for the Ninth Circuit.
Posted on October 13, 2009Green v. Staples Contract and Commercial, Inc., CV08-7138-SVW (C.D. Cal. December 10, 2008). In this case, the Central District of California was kind enough to explain AGAIN the Ninth Circuit's three different burdens of proof for establishing removal jurisdiction under CAFA...
CAFA Jurisdiction Cannot Live By Arithmetic Alone
Posted on September 24, 2009Mathews v. ALC Partner Inc., No. 4:08-cv-10636, --- F.Supp.2d ----, 2009 WL 2390526 (E.D. Mich. July 31, 2009) The Zen philosopher Basho once wrote, 'A flute with no hole, is not a flute; and a CAFA argument with no evidence of $5 million in controversy is dismissed...
Live Tweets from ACI09 American Conference Institute's 3rd Annual Defense Counsel Forum on Positioning the Class Action Defense for Early Success
Posted on September 23, 2009Follow this CafaLawBlog page for the latest live tweets from American Conference Institute's 3rd Annual Defense Counsel Forum on Positioning the Class Action Defense for Early Success.
Learn How to Manage Complex Federal Litigation in Chicago; You Can't Do Worse than Lou Piniella or Ozzie Guillen
Posted on September 17, 2009Ordinarily, you wouldn't think to go to Chicago to learn how to manage anything in October given the track record of the Cubs and White Sox. Nevertheless, our friends at Practicing Law Institute invite you to attend their Managing Complex Federal Litigation: A Practical Guide to New Developments, Procedures, and Strategies 2009...
Really!?! Another Commencement Case?
Posted on September 16, 2009Bemis v. Safeco Ins. Co. of America et al., No. 09-315, 2009 WL 1972169 (S.D. Ill. Jul. 8, 2009). Yes, we are still…in the second half of 2009… seeing new remand opinions addressing whether a lawsuit was commenced before CAFA's enactment on February 18, 2005...
The Goobers at Nestle Find Themselves in a Hot Pocket Stickier than a Melted Laffy Taffy...
Posted on September 11, 2009Weaver v. Nestle USA, Inc., 2008 WL 5453734 (N.D. Cal. October 31, 2008) In a CRUNCH® decision, the court waived its Pixie Stick®, took the Nestea® plunge, and held that Nestle could not have its Butterfingers® and eat them too . . .. This case, purportedly worth over 100 GRAND®, was filed in a California state court against Nestle for allegations that it was involved in an anti-trust conspiracy to fix the prices of certain chocolate products...
How 'bout That Break, Boss??
Posted on September 10, 2009Salazar v. Avis Budget Group, Inc., 2008 WL 5054108 (S.D. Cal. November 20, 2008) Workers: 'We've been working on the railroad all the live long day without a break boss.' Bossman: 'Obviously someone has been taking breaks because someone's in the kitchen with Dinah ...
Remove 'Em If You Got 'Em - Severance Of 3,400 Trials Is Not Dangerous To The Health of CAFA Removal of Tobacco Mass Actions.
Posted on September 09, 2009Anthony L. Cooper, et al., v. R.J. Reynolds Tobacco Co., etc., et al., No. 3:08-cv-153, 586 F. Supp. 2d 1312 (M.D. Fla. Aug. 29, 2008) Studies conducted by some very smart scientists probably suggest that your lungs can almost fully recover within fifteen years of quitting smoking...
ABA will hold 13th Annual National Institute on Class Actions.
Posted on September 08, 2009Join the ABA on October 30, 2009 or November 20, 2009 for an all day CLE on our favorite topic, All Things Class Actions. The institute will cover new developments in class action litigation, including litigating arbitration clauses, development of recent case law and a survival guide for today's class action settlements...
HYUNDAIS, HYUNDAIS, HYUNDAIS...WE GOT 'EM...YOU WANT 'EM...COME GET YOURS TODAY MISSOURIANS...(but get a lawyer, cause technically we're not authorized to sell 'em)
Posted on September 04, 2009Redd v. Suntrup Hyundai, Inc. d/b/a Suntrup Hyundai, Slip Copy, 2009 WL 1161622, 09CV411, (E.D. Mo. 04/29/09) The plaintiff, Randall Redd, sure loves getting behind the wheel in his new Hyundai. And who can blame ol' Redd? There is nothing like taking the Hyundai out on the stunning Missouri plains...
Not So Fast My Friend...
Posted on September 03, 2009Wright v. American Bankers Life Assurance Company of Florida, 586 F.Supp. 2d 464 (D.S.C. 2008) 'Hey Court, although this case was originally filed back in 2000 (5 years prior to CAFA), the plaintiffs have now amended their complaint to (1) add new parties, (2) assert new statutory violations and causes of action, and (3) rephrase their class definition...
Just Read the Requirements-You Must Meet Them All... Yes -It Is That Simple ...
Posted on September 02, 2009PHLD Partnership v. Arch Specialty Insurance Company, 565 F.Supp. 2d 1342 (S.D. Fla. 2008) If one is going to take it upon themselves to remove a case under CAFA jurisdiction, one should take the time to read the provisions of CAFA … all of them – don't you think? In this case, the plaintiff filed a class action in state court alleging that the defendant, Arch Specialty Insurance Company ('Arch'), issued insurance policies that contained separate hurricane deductibles and co-insurance penalties without the notice required under Florida law...
Instead of Going to Hooter's at the Beach on Labor Day, Read the CAFA Law Blog Labor Day Reading List Instead!
Posted on September 01, 2009Labor Day is almost here, and if you're like us at the CAFA Law Blog, you're probably looking for some good reading material to take with you on your end-of-summer vacation, as you sit on the beach, sipping margaritas. Well, have no fear . ...
A NSFW Post:
Posted on August 31, 2009Bullard v. Burlington Northern Santa Fe Railway Co., 535 F.3d 759 (7th Cir. 2008) Here at the CAFA Law Blog we are nothing if not hip, up-to-date, groovy people; just look at our references (Oklahoma!, the Beach Boys!, Happy Gilmore!, Insurance Commercials!)...
If You Love Something, Let It Go. If It Comes Back to You, Its Yours Forever. If It Doesn't, Then It Was Never Meant to Be - Anonymous (Actually some guy whose girlfriend left him for another guy).
Posted on August 28, 2009Avritt v. Reliastar Life Ins. Co., 2009 WL 1703224 (D. Minn. June 18, 2009) Alas, jurisdiction under CAFA was never meant to be for the defendant. In this case, the plaintiffs' motion for class certification was denied, and, thus, jurisdiction under CAFA was let go by the defendant...
A case of CAFA FAIL
Posted on August 27, 2009Asahi Kasei Pharma Corporation v. Actelion, 2009 WL 801555 (N.D. CA March 25, 2009) Check out http://failblog.org/ for great failures of communication, because this case probably should be included on the list of failure to communicate. Here are some of our favorite examples of failure to communicate...
CAFA Law Blog Readers are Still Smart and Sexy and Still Entitled to a $200 Discount.
Posted on August 27, 2009Got your attention? Now, sign up for American Conference Institute's 3rd Annual Defense Counsel Forum on Positioning Class Action Defense for Early Success. Designed to provide you with cutting edge strategies on how to successfully defeat class action litigation early on, American Conference Institute's Positioning the Class Action Defense for Early Success, will provide you specific, tactical suggestions for achieving early and advantageous disposition of class action litigation...
Plaintiffs Plead Their Way out of State Court - - What Happened to the Art of Artful Pleading?!?
Posted on August 26, 2009Puglisi v. Citigroup Alternative Investments, LLC, 08-9774, 2008 WL 1515071 (S.D.N.Y. May 29, 2009) The plaintiffs wanted to stay in state court; however, they alleged so many charges that the federal court was the proper forum to resolve these nasty allegations...
Do You Like Spades, Bid-Whist, Bridge, etc.. . . . Well, CAFA Is Not Your Trump Card in Federal Court.
Posted on August 25, 2009Guenther v. Crosscheck Inc., Slip Copy, 2009 WL 1248107 (N.D.Cal., Apr 30, 2009)(NO. C 09-01106 WHA) (Sorry, but appears that this decision is only available on Westlaw) In this proposed class action CAFA card game, the plaintiff played a hand in the Sonoma County Superior Court...
Subprime Loans, Mortgage Brokers and Ponzi Schemes....a Sign of the Times. BUT, the CAFA Law Blog Thinks There are Brighter Days Ahead!
Posted on August 24, 2009Lorah v SunTrust Mortgage, Inc., No. 08-703 (E.D. Penn. Feb. 17, 2009). In the post subprime meltdown, SunTrust is such a great name for a lender funding loans through mortgage brokers. However, the plaintiffs in this suit did not think so, and they sued SunTrust for generating illegal fees...
CAFA Isn't Just a One Hit Wonder for the Ring Tone Companies
Posted on August 21, 2009Bates v. Sendme, Inc., Slip Copy, 2009 WL 942342 (N.D. Cal., Apr. 06, 2009) Ring Tone companies and class action plaintiffs are splitting up rowdy fans (read: judges) across the country, from California to Wisconsin. Where is Simon Cowell when you need him to break the tie vote? Even Madonna herself was impressed by the ringtone industry's smashing performance 'You Know I Take You There [to Fed Court]' in White v...
WWALD (What Would Ann Landers Do ??) - CAFA Style
Posted on August 20, 2009Joseph v. Unitrin, Inc., 2008 WL 3822938 (E.D. Tex. 2008) Dear Ann Landers – I am an overworked, underpaid insurance lawyer practicing in the Great State of Texas. My wife has recently started spending an exorbitant amount of money on socks, I am afraid my 12 year old son is going to develop arthritis and/or carpal tunnel in his thumbs from excessive texting and Twittering, and I am pretty sure my dog has anxiety...
CAFA-E! Exclusive: Morris Schneider Gets Outed for Swinging Both Ways ...Not That There's Anything Wrong with That!
Posted on August 19, 2009Laws v. Priority Trustee Serv. of N.C., L.L.C., No. 3:08-cv-103 (W.D.N.C. Aug. 11, 2008). Not So Breaking News / CAFA-E! exclusive: Undercover Blogger reporting. It started in a small country café, over coffee, quiet enough of course for Mrs. Law to overhear the scandalous CAFA conversation...
CAFA Stole Their Lunch Money and Ran!
Posted on August 18, 2009Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, CLC v. Concophillips, No. CV 08-2068PSG(FFMx), 2009 WL 1652975 (C.D. Cal. June 11, 2009). Never underestimate the allure of the lunch lady. USW union workers filed a class action lawsuit alleging that the defendant skimped on lunch periods in violation of California law...
A Couple of Quick Case Notes
Posted on August 17, 2009While these cases are close to being classified as "Not Worthy" for prime time posts, we thought we would give you something a little more substantive than just a listing of these cases and tell you to read them if you are bored. So, here are 4 case notes of almost not worthy of prime time analysis...
Want $200? You Got It!
Posted on August 17, 2009Got your attention? Now, sign up for American Conference Institute's 3rd Annual Defense Counsel Forum on Positioning Class Action Defense for Early Success. Designed to provide you with cutting edge strategies on how to successfully defeat class action litigation early on, American Conference Institute's Positioning the Class Action Defense for Early Success, will provide you specific, tactical suggestions for achieving early and advantageous disposition of class action litigation...
My Neck, My Back...Not Even A Close Call, Take That!
Posted on August 14, 2009Komeshak v. Illinois Farmers Insurance Co., 2008 WL 3875265 Do YOU know when CAFA was enacted? And I mean the Month (hint: think Valentine's[1]), Day (hint: think voting age[2]) and Year (hint: think Hurricane Katrina[3]) it was enacted…do you know? C'mon, venture a guess...
Why Won't You Talk To Me? You Never Talk To Me? What Are you Thinking?
Posted on August 14, 2009No, we're not channeling the ghosts of girlfriends-past. Just dropping a friendly reminder that the CAFA Law Blog is a fully-interactive gizmo (thingamajig for you techies). Despite what you may think, we don't sit on high waiting to pounce on any goofball who dares speak CAFA to us...
When is a Mass not a Mass? When it is Seven State Court Actions, Each with Less than 100 plaintiffs.
Posted on August 13, 2009Tanoh v. Dow Chemical Co., No. 09-55138, 09-55145, 09-55147, 09-55148, 09-55153, 09-55156, 09-55160, 2009 WL 826404 (9th Cir. Mar. 27, 2009). In this case, the Ninth Circuit Court of Appeal affirms a remand order sending the claims of 680 named plaintiffs back to state court because the claims did not meet CAFA's jurisdictional requirements as a 'mass action...
Get the Funk Out!
Posted on August 12, 2009Landsman & Funk, P.C. v. Skinder-Strauss Associates, 2009 WL 1916316 (D.N.J. June 20, 2009) This incredibly confusing case started with an unsolicited advertisement faxed from a New Jersey partnership, Skinder-Strauss Associates ('Skinder') to a New York law firm, Landsman & Funk, P...
Dentists in Puerto Rico Bite Off More Than They Can Chew!
Posted on August 11, 2009College of Dental Surgeons of Puerto Rico v. Triple S Management Inc., 2009 WL 1076308 (D.Puerto Rico). The plaintiffs in this case are either very smart or enjoy Puerto Rican rum too much. Lord knows there is plenty of Puerto Rican rum to choose from...
Hungry? Why wait? Take a Break and Take a Bite!
Posted on August 10, 2009Marine v. Interstate Distrib. Co., Slip Copy, 2009 WL 1066303 (N.D. Cal., Apr. 20, 2009) (NO. C 08-5414 SI) Sorry, Interstate Distributor Company's (IDC) California truck drivers, you were forced to wait and not afforded your mandatory rest periods or regular meals...
Reduce, Reuse, Recycle
Posted on August 10, 2009CAFA law blog fans are environmentally friendly and always remember to Reduce, Reuse, Recycle – just read some of our posts…certainly someone will come up with new ideas soon. You can only reference wet T-shirt contests, songs from the ‘70s, and show tunes so often, but we digress...
CAFA Law Blog to Offer Cash for Clunkers
Posted on August 07, 2009Well not exactly, but close. The CAFA Law Blog has teamed up as a media partner with American Conference Institute who is presenting the 2nd Annual Forum on Defending and Managing Automotive Product Liability Litigation. Let's face it, the surge of auto sales will almost certainly lead to a surge in auto product liability suits...
Replace Magenta Cartridge? I Don't Even Use Magenta: HP Printers Keep Jamming in Federal Court
Posted on August 07, 2009In re Hp Inkjet Printer Litigation, No. 05-3580 (N.D. CA 02/05/09) Hewlett Packard's Inkjet printer's ink cartridges may run out too quickly, but its jurisdiction in federal court does not. From the 'Completely Obvious' file, this case arises from allegations against HP that its ink cartridges use technology that prematurely tells consumers that they are low on ink and need to be replaced...
Who Bears the Burden on Exceptions?
Posted on August 06, 2009Clover v. Sunset Auto Co., Slip Copy, 2009 WL 1490489 (E.D.Mo., May 27, 2009)(NO. 4:09CV58 HEA) Attorneys have earned quite a name for themselves. But, there is one profession whose reputation might be a bit more tarnished. Yep, you guessed it, the car salesmen...
MOLDY DOMICILE - Court Finds No Minimal Diversity for CAFA Purposes When Out-of-State Limited Partnership Owns and Operates a New York Apartment Complex
Posted on August 05, 2009Ventimiglia v. Tishman Speyer Archstone-Smith Westbury, L.P., 588 F.Supp.2d 329 (E.D. N.Y. 2008). This putative class action was brought by former tenants of a luxury apartment complex whose leases were allegedly improperly terminated. The defendants had apparently terminated the leases because of mold infestation...
When You Come to a Fork in the Road, Take It. Northern District of Illinois Muddies the Post-Denial of Class Certification CAFA Jurisdictional Waters.
Posted on August 04, 2009Muehlbauer v. General Motors Corp., Slip Copy, 2009 WL 874511 (N.D.Ill., Mar 31, 2009)(NO. 05 C 2676) The Northern District of Illinois has reached the end of its rope. It has grown sick and tired of all the other federal district courts getting their views on CAFA jurisdiction after a class certification denial heard by Papa Westlaw...
The Most Boring CAFA Law Blog Post You Will Ever Read
Posted on August 03, 2009Magee and Johnson v. Advance America Servicing of Arkansas, Inc., d/b/a Advance America Cash Advance; and Advance America, Cash Advance Centers, Inc., No. 08-06105 (W.D. Ak. 04/01/09). We, at the CAFA Law Blog, pride ourselves in making the esoteric entertaining...
Federal Courts Picking Up Ford's Good Vibrations; No Word on Excitations
Posted on July 31, 2009Lewis v. Ford Motor Co., Slip Copy, 2009 WL 840233 (W.D.Pa., Mar 26, 2009)(NO. CA 09-164) Although some people might enjoy a front-end that vibrates too much, owners of Ford F-250s and F-350s filed a class action suit in state court against Ford. The suit alleged that the vibratations were not pleasurable and constituted a breach of the Magnuson-Moss Warranty Act...
Oklahoma: Where the Class Actions Proceed Against the Poor Defendants Indeed.
Posted on July 29, 2009Coffey v. Freeport-McMoran Copper & Gold, Inc., 2009 WL 1138051 (W.D. Okla. Apr. 27, 2009). 'And the waving wheat can sure smell sweet when the wind comes right behind the rain.' You probably didn't even recognize those are the lyrics from the musical Oklahoma, did you? I didn't know them either...
Candy is Dandy but Liquor is Quicker, and So is Removal under CAFA with a Preponderance Standard
Posted on July 28, 2009Bell v. Hershey Co., 557 F. 3d 953 (8th Cir. Feb. 26, 2009). Earlier this year the 8th Circuit ruled against Willy Wonka in an antitrust action and ordered the distribution of additional golden tickets in his competitor's candy bars. Just kidding...
Allstate Was In "Good Hands" When Its Attorneys' Successfully Argued That Denial Of Class Certification Does Not Divest A Federal Court Of Subject Matter Jurisdiction Under CAFA.
Posted on July 27, 2009Allen-Wright v. Allstate Ins. Co., Slip Copy, 2009 WL 1285522 (E.D.Pa., May 05, 2009)(NO. CIV.A. 07-CV-4087) The plaintiff filed a class action and Allstate removed it to federal court under CAFA. The plaintiff did not move for remand at that time...
You're in Grandma's World Now!
Posted on July 24, 2009Stevens v. Divericare Leasing Corp., 2009 WL 1212488 (W.D. Ark.) Grandma: Sir, can I trouble you for a glass of warm milk? It helps put me to sleep. Nursing Home Orderly: You can trouble me for a warm glass of shut-the-hell-up. Now, you will go to sleep or I will put you to sleep...
Dueling Interpretations for Dual Citizenship of National Banks
Posted on July 23, 2009Wells Fargo Bank, N.A. v. WMR e-Pin, LLC, 08-5472, 2008 WL 5429134 (D. Minn. Dec. 29, 2008) If you are a National Bank, can you claim the citizenship of more than one state? The answer to that question is yes and no. No, this in not a trick question, but the answer depends on the federal district court...
CAFA Used To Be Indecisive, Now It's Not So Sure: The "HE SAID-SHE SAID" Of Jurisdictional Discovery.
Posted on July 22, 2009Anwar v. Fairfield Greenwich Ltd., Slip Copy, 2009 WL 1181278 (S.D.N.Y., May 01, 2009)(NO. 09 CIV. 0118 VMTHK) When the plaintiffs realized that Bernard Madoff had 'made-off' with their investments (tough crowd?) with Fairfield Greenwich, the first logical thing to do was to sue the defendant…in state court...
So Many Possible Titles, We Couldn't Select Just One
Posted on July 21, 2009'U-Haul Me Into Federal Court For Dis? Trict You, Go Back To Superior Court!' or, 'I'd Rather Sua Sponte Than Have U-Haul Me Into Federal Court!' or, 'Districter Da Time Limit, Da Better Da Denial' or, 'If You Seek A U-Haul, Appeal Back This Leave, Remand Order Me Around' or, 'Dissent The Same Mr...
So Funny I Forgot to Laugh
Posted on July 20, 2009Rynearson v. Motricity, Inc., 601 F.Supp.2d 1238 (2009) This opinion on amount in controversy is short and boring. We just couldn't make it funny, so here is a bland report on the case. The plaintiff filed a putative class action suit alleging that the defendant 'facilitated placing unauthorized charges for mobile content on customers' bills...
Dual Citizenship Does Not Give You a CAFAteria Pass to Eat at the Buffet in Federal Court
Posted on July 17, 2009Smalls v. Advance America, Slip Copy, 2008 WL 4177297 (D.S.C., Sep 05, 2008)(NO. 2:07-3240-TLW-TER) On behalf of the class, the one named plaintiff filed a class action suit in South Carolina State Court against the everyone's favorite defendant these days…payday lenders...
Rob Base Was Right.
Posted on July 17, 2009While we don't always agree with Mr. Base (mostly on the Whopper v. Big Mac debate), the man was dead-on when he waxed-philosophic with E-Z Rock in his treatise 'Ruminations on Compulsory Joinder'—a/k/a 'It Takes Two.' See it here. Since 2005 we've been here serving as your one-stop-shop for all things CAFA...
Securities Regulation..a Road Bump to Removal
Posted on July 16, 2009Luther v. Countrywide Home Loans Servicing LP, 533 F.3d 1031 (9th Cir. 7/16/08) The regulation or lack thereof in the securities world has helped send our economy into the depths of…I can't say it… you know the R word. However, don't dispel the power of securities regulation just quite yet...
Top Guns Brought Out to Prove Amount in Controversy, But the 1st Circuit Rules It a Draw!
Posted on July 15, 2009Amoche v. Guarantee Trust Life Ins. Co., 556 F. 3d 41 (1st Cir. 2/13/09). Amoche filed for a class action againstGuarantee Trust Life Insurance Company (GTL). After three amended petitions, Amoche defined the class 'enough' for GTL to seek removal. Not so fast, the district court denied GTL's request and 1st Circuit Court of Appeal affirmed...
What, you say? There is more to class actions than certification?
Posted on July 15, 2009Here at the CAFA Law Blog we live for talking about class certification, removal, remand, amount in controversy. I am getting all tingly just thinking about it. But believe it or not, there is life after certification. Litigation continues with all the stuff that is the bread and butter of a litigator's life...
You Wouldn't Think Something Called "Minimal" Would be that Difficult
Posted on July 14, 2009Wiley v. Advance America, 2008 WL 4179652 (D.S.C. Sept. 5, 2008) Try to remember back, its your first day of law school and you are sitting in basic civil procedure. You have carefully selected a seat in the middle of the class room. Not far back enough to look like a slacker but not so close to the front as to draw any extra unwanted attention from the grizzled looking man standing at the front of the room...
A Quantum of Solace for CAFA
Posted on July 13, 2009Grimmelmann v. Pulte Home Corp., et al, No. 08-1878 (D. Az. May 1, 2009) In James Bond's latest outing the poor residents of Bolivia turned to 007 to save the day when a mad man threatened to steal their water supply and sell it back to them at a substantial mark up...
Pinching Pennies? Click Here to Save Up to 20% on Your Cell Phone Bill!
Posted on July 10, 2009Amezcua v. Cellco Partnership, 2009 WL 1190553 (N.D. Cal. May 4, 2009) Is that extra $20 per paycheck from the president's stimulus plan not stretching as far as you hoped? Are you still looking for a way to cut back on expenses? Fortunately for you, loyal CAFA Law Blog readers, we've uncovered a way for you to save up to 20% on your next cell phone bill: make sure you're not paying for a Snoop Dogg ringtone or a sleepy kitten wallpaper that you didn't authorize to be downloaded to your cell phone...
Hey Baby, Wanna Twitter My Tweeter?
Posted on July 10, 2009That's right, you heard me. Our tweeter is twittering just for you. In case you missed it, CAFA Law Blog has plunged itself into that simultaneously celebrated and maligned web-sensation that is Twitter. Now you can follow us daily for updates on recent court decisions, law review articles and commentary on all things CAFA...
Come See the Softer Side of CAFA!
Posted on July 09, 2009Jones v. Sears Roebuck and Co., Slip Copy, 2008 WL 4844717 (4th Cir.(W.Va.) Nov 10, 2008) (Not selected for publication in the Federal Reporter) When you think of Sears, perhaps you think of a store that…carries a softer side. Or perhaps Ty Pennington screaming into his giant megaphone 'REMOVE THAT CASE UNDER CAFA!!' (or something like that) comes to mind...
Are You Bad with Math? In the World of CAFA, Being an Attorney Is No Excuse.
Posted on July 08, 2009Migis v. Autozone, Inc., Slip Copy, 2009 WL 223711 (D.Or., Jan 29, 2009)(NO. CIV. 08-1394-KI) Walking through my office, I often find humor watching my fellow attorneys using their fingers to make sure they added four plus three correctly (and for those of you who started counting in your head, and then on your fingers, the answer is seven…I think)...
Evidence = Good; Half Insect/Half Man = Bad
Posted on July 07, 2009Summerhill v. Terminix, No. 4:08-cv-00659, 2008 WL 4809448, (E.D.Ark. October 30, 2008) Having problems stopping people from trying to go from one place to another instantly? Your friends keep turning into half man, half insect creatures? No? Of course not, stopping plaintiffs from removing their case using the exceptions to the CAFA grant of federal jurisdiction is easy as fly...
The Biggest CAFA Losers! What Have You Done Today To Make CAFA Proud?
Posted on July 06, 2009For the following cases, the answer – not very much, certainly not enough to be worthy of an individual post. That right, its time for our 'Not Worthy' of a post category for this quarter. The following is a collection of cases that only mention CAFA and do not qualify for an individual post check them out in your spare time and determine which one is the biggest CAFA loser! Click here to listen to the Biggest Loser theme song...
Seventh Circuit Opinion Shows That "Commencement" Issue Still Litigated Several Years After CAFA Became Law
Posted on July 03, 2009Marshall v. H&R Block Tax Services, Inc., 564 F.3d 826 (7th Cir. 2009) We are delighted to present a Guest Post from one of our original CAFA analysts. Our Guest Poster today is Gabe Crowson from Howrey, LLP's Chicago office. Welcome Back, Gabe ******************************************** Avid followers of CAFA Law Blog recall that glorious day back in February 2005 when former President Bush (#43) signed CAFA into law as part of the tort reform fad that had swept the country...
Live Tweets from ACI09 National Advanced Forum on Employment Discrimination Claims and Class Actions
Posted on June 29, 2009Follow this CafaLawBlog page for the latest live tweets from American Conference Institute's National Advanced Forum on Employment Discrimination Claims and Class Actions var htm=""; for(var val in jsn.channel.items) { htm += ""+jsn...
The Essential Advanced Defense Forum that Will Shape Your Life
Posted on June 22, 2009Okay, may be it will not shape your life, but it will shape the future of ERISA strategies for leading litigators and in-house counsel. If you register by or before July 17, you can save$700 off the conference price ($1495 instead of $2195) by quoting 'discount code CAFA' American Conference Institute's Premier Forum on Defending and Managing ERISA LITIGATION will take place on October 19-20 at the Helmsley Park Lane Hotel in New York City...
Luck Runs Out for Irish, Twice: Flood Victims' Case Removed to Federal Court under CAFA because Defined Class was Entire Town.
Posted on June 22, 2009Irish v. BNSF Railway Co., No. 08-CV-496-SLC, 2009 WL 276519 (W.D. Wis. Feb. 4, 2009). Note to all those dreaming of one day bringing a class action lawsuit of your own: don't bring suit on behalf of your entire town unless you want the case removed to Federal Court...
Outdated Addresses Come Back to Haunt Plaintiffs Seeking Remand on Local Controversy Exception
Posted on June 19, 2009Leathermon v. Grandview Memorial Gardens, Inc., No. 4:07-CV-137-SEB-WGH, 2009 WL 301923 (S.D. Ind. Jan. 22, 2009). One important thing to keep in mind before you try to prove that greater than two-thirds of your plaintiff class are citizens of the State in which you filed: don't use addresses that are forty years old! Common sense, I know, but the plaintiffs in Leathermon attempted to use the addresses of their plaintiff class members that were on file at the time the underlying contracts to the suit were entered into – twenty, thirty, and forty years prior...
Toto Were Not in Kansas Anymore! Federal Court is Not Powerful Enough to Stop a "Rural" Southern Louisiana State Action - Even with CAFA's Help!
Posted on June 18, 2009Vallier v. American Fidelity Assurance Company, Slip Copy, 2008 WL 4330028 (D. Kan., Sep. 16, 2008)(No. 08-2267-JAR) Plaintiff, Verle Vallier, filed a putative class action seeking damages from American Fidelity Assurance Company (AFA) for breach of contract with fraudulent intent, fraud and bad faith, claiming that AFA changed the 'actual charges' policy language in its disease cancer expense policy...
Insurance Dispute Gets Remanded Because Plaintiff Chiropractic Outfit Ain't Got No Class (Allegations).
Posted on June 17, 2009Chiropractic Neurodiagnostic, P.C. v. Allstate Insurance Co., No. 08-2319, 2009 WL 210866 (E.D. NY 01/26/2009). What happens when the plaintiff files a 'class action' lawsuit touting withheld payments in excess of 'One Million Dollars,' but then admits it's not really a class-action suit and that the plaintiff is only seeking 'in excess of' $35,000...
CAFA Removal Epic: An Elegant and Moving Example of the Three-Act Play
Posted on June 16, 2009Harris v. Sagamore Insurance Company, No. 08-109, 2008 WL 4816471 (E.D.Ark. Nov. 3, 2008). Sometimes life imitates art. In the classical view, the structure of narrative is properly divided into three acts. This analysis may be traced back to Aristotle's Poetics, wherein that great thinker propounded that the structure of narrative is properly divided into beginning, middle, and end: 'These principles being established, let us now discuss the proper structure of the Plot ...
Landmark Decision! Court finds CAFA "required reading for all who engage in class-action litigation."
Posted on June 15, 2009Kitson v. Bank of Edwardsville, 2008 WL 4671743 (S.D. Ill., October 21, 2008) Readers, feast upon the following nuggets of legal wisdom. . . 1. CAFA is required reading for all who engage in class-action litigation...
Twitter, A Discount, and Learning All You Can About Employment Discrimination Claims and Class Actions.
Posted on June 15, 2009The world famous, and CAFA Law Blog favorite, American Conference Institute is offering a $200.00 discount to attend its National Advanced Forum on Employment Discrimination Claims and Class Action Seminar. At this price you can't afford not to go...
Put on That Bikini and Do a Keg Stand Because It's That Time Again:
Posted on June 12, 2009Yes, wild and raucous readers, it's time for the Summer editionof 'We're Not Worthy.' Maybe you were hoping for a wet t-shirt contest in Panama City or a dance-off in Cancun, but you get CAFA instead. Well, you get those senior-trip level cases which don't quite make theCAFA cut but limbo around the edges of the law...
Freebird Flies to Sweet Home Kansas State Court
Posted on June 11, 2009Freebird, Inc. v. Cimarex Energy Co., No. 08-1190, 2008 WL 5575067 (D. Kan. Sep. 2, 2008). Your name does not have to be Van Zant, Collins, Gaines or Rossington to appreciate this case. Click here for the music for the proper setting for this post...
Louisiana Is Serious About Its Oysters (and CAFA)
Posted on June 10, 2009Vekic v. Shell Pipeline Co. LP, et al., 2008-1469 (La. App. 4 Cir. 1/29/09), 2009 WL 213105. Plaintiffs were Louisiana oyster farmers (oh yea, I said 'oyster farmers') and lessees of state water bottoms for the purpose of bedding and growing oysters. Shell came along and constructed a hydrocarbon pipeline through the leaseholds...
Airplane Food Defendant May Be Grounded in State Court in Wage Action
Posted on June 09, 2009Pereira v. Gate Gourmet, Inc., 2009 WL 177591 (C.D. Cal. Jan. 26, 2009) Airplane food...some of the finest in the land. Want to know why? Apparently, the people who make it are not paid enough. Stewardess: Can I get you something? First Jive Dude: 'S'mofo butter layin' me to da' BONE! Jackin' me up...
"Show Me the Money" - By a Preponderance of the Evidence!
Posted on June 08, 2009Bartnikowski v. NVR, Inc., 2009 WL 106378, (4th Cir. Jan. 16, 2009) Plaintiffs brought a state-law based class action for unpaid overtime. Not surprisingly, plaintiffs did not specify the amount they were seeking in damages. Defendant attempted to remove the action to federal court pursuant to CAFA, which permits removal if the amount in controversy exceeds $5 million...
Remand Decision A Pain In The Neck To Insurers Sued By Chiropractor
Posted on June 05, 2009Fischer v. Continental Loss Adjusting Services, Inc., Case No. 08-00416 (Dec. 24, 2008) Amazingly, commencement cases are still out there! Three days before CAFA was enacted, Dale Fischer, a chiropractor, filed a class action complaint against certain insurers alleging improper preferred provider practices...
Minnesota District Court Flushed Jani-King Franchisees' Home State Controversy Argument Down The Toilet
Posted on June 04, 2009Moua v. Jani-King of Minnesota, Inc., Slip Copy, 2009 WL 212425 (D.Minn. Jan. 27, 2009) In Moua certain Jani-King franchisees filed a class action in state court against Jani-King International ('JKI') and some of its subsidiaries. Jani-King International ('JKI') is a Texas corporation that sells franchises to individuals across the United States entitling the franchisee to cleaning or janitorial service accounts from Jani-King customers...
Join the Legions
Posted on June 04, 2009Join the legions of CAFA Law Blog readers who follow us on Twitter. Go to www.twitter.com/cafalawblog to sign up and learn more about the CAFA Law Blog and what the Editors had for lunch, etc.
Wal-Mart Gets Extra-Sweet Treatment in California
Posted on June 03, 2009Bryan v. Wal-Mart Stores, Inc., 2009 WL 440485 (N.D.Cal. Feb. 23, 2009) In Bryan, a class of Wal-Mart truck drivers brought claims in California state court based on Wal-Mart's alleged violations of California labor laws, and Wal-Mart removed under CAFA...
Defendants' CAFA Argument Goes Limp ...The Long and Short of Sterility and Bananas
Posted on June 02, 2009Villareal v. Dole Food Company, Inc., et al., 09:-cv-00189 (C.D. CA. 01/29/09) Thousands of banana plantation farmers in Latin America have filed suits in California state courts against some of the most recognizable banana vendors in the world. Their claims you ask: exposure to pesticides and chemicals have resulted in serious injuries, including sterility...
Sir . . . the CAFA Jurisdiction, sir. It appears to be... jammed!
Posted on June 01, 2009Rasberry v. Capitol County Mutual Fire Insurance Company, et al., No. 08-cv-392, --- F.Supp.2d ----, 2009 WL 42603 (W.D. La. Jan. 23, 2009) (Magistrate Report and Recommendation) In a Texas state court very, very, very, very, far away, there lived a ruthless race of beings known as ...
CAFA Law Blog Readers Are Entitled to a $200 Discount Because They are Smart and Sexy!
Posted on June 01, 2009Got your attention? Now, sign up for American Conference Institute's 3rd Annual Defense Counsel Forum on Positioning Class Action Defense for Early Success. Designed to provide you with cutting edge strategies on how to successfully defeat class action litigation early on, American Conference Institute's Positioning the Class Action Defense for Early Success, will provide you specific, tactical suggestions for achieving early and advantageous disposition of class action litigation...
Dead is Dead, or, Federal Court Jurisdiction is Dead on Remand.
Posted on May 29, 2009Migis v. AutoZone, Inc., _____ F. 3d _______, 2009 WL 69027 (D. Or.). OK, CAFA readers, who watches Lost? I know you are out there. I am both a Lost fan (never missed an episode) and an appellate law junkie. It is a miracle I snagged a husband and managed to produce a normal child...
Look Into My Crystal Ball, and See What Your Future Holds...
Posted on May 28, 2009White v. Playphone, Inc. et. al, 2009 WL 499103 (W.D. Wis. February 27, 2009) 'Look into your cell phone and see what your future holds' just doesn't have the same ring to it. (Pun fully intended) But these days, cell phones provide all kinds of information and are probably putting fortune tellers out of business left and right...
Investors Check In, But They Don't Check Out Of Either Their Roach Motel Investment or Federl Court in this CAFA "Mass Action" Exception Case.
Posted on May 27, 2009Galstaldi v. Sunvest Communities USA, L.L.C., ---F.R.D.---( 2/17/09 S.D. Fla.) There's a big difference between a dilapidated bug and rodent infested apartment and a posh condo in a swanky complex with a world class spa, golf course, and sports complex...
American Conference Institute offers its Premier Forum on Defending and Managing Aviation Litigation.
Posted on May 27, 2009Plane crashes and the suits that result are ubiquitous now a days with the increased number of persons owning or co-owing private planes. The commercial airline industry continues to strengthen its safety standards, but they keep getting sued. How can you help? How can you position yourself to be the go-to lawyer when it comes to aviation litigation? First step, attend ACI's Premier Forum on Defending and Managing Aviation Litigation...
Investors Check In, But They Don't Check Out Of Either Their Roach Motel Investment or Federal Court in this CAFA "Mass Action" Exception Case.
Posted on May 27, 2009Galstaldi v. Sunvest Communities USA, L.L.C., ---F.R.D.---( 2/17/09 S.D. Fla.) There's a big difference between a dilapidated bug and rodent infested apartment and a posh condo in a swanky complex with a world class spa, golf course, and sports complex...
Quadrupling Your Client's Potential Liability: The Newest, Trendiest Way to Get Federal Jurisdiction For Old Claims Under CAFA
Posted on May 26, 2009Marshall v. H&R Block Tax Services, Inc., No. 09-8002 (7th Cir. 04/30/09) Heads up defense attorneys, if you want to remove under CAFA for claims filed before it became effective, all you have to do is increase your client's potential liability by getting all the other defendants dismissed and decertifying the defendant class...
Groundbreaking CAFA Precedent---Class Action Counterclaim Defendants Successfully Remove Under CAFA
Posted on May 26, 2009Deutsche Bank National Trust Company, etc. v. Jeffrey A. Weickert, et al. Case No. 3:09-CV-288 (N.D. Ohio April 15, 2009) 'Impleader' or 'joinder' – Funny how the Civil Rules make all the difference when it comes to removal. A federal district court in the Northern District of Ohio recently held that new parties 'joined' by the original defendants to a simple foreclosure action were authorized to remove the case to federal court under CAFA...
Although There Was Not a Wet T-Shirt Contest, Fun Was Had By All. The 2009 Bloggies.
Posted on May 25, 2009If there is one thing attorneys are good at it, it is self-aggrandizing pats on the back and giving awards to ourselves. This is what took place, as well as a generous amount of libation, at the Second Annual Bloggies which took place in the Foundation Room at the House of Blues in New Orleans on Saturday March 7, 2009...
CAFA Law Blog Wants to Beat the ***** out of Ashton Kutcher.
Posted on May 20, 2009Before you get the wrong idea, read closely – we used 5 stars, not 4. We want to out tweet Kutcher. That's right, the CAFA Law Blog is now on Twitter. Follow us daily for updates on recent court decisions, law review articles and commentary on all things CAFA...
Double Your Pleasure - Double Your Fun - CAFA Style?
Posted on May 19, 2009International Union, United Auto-Mobile, Aerospace, and Agricultural Implement Workers of America v. General Motors Corporation, 2008 WL 2968408 (E.D. Mich. July 31, 2008) International Union, United Auto-Mobile, Aerospace, and Agricultural Implement Workers of America v...
ACT NOW!!!! EMPLOYMENT DISCRIMINATION CLAIMS AND CLASS ACTION SEMINAR FOR ONLY $1,395.
Posted on May 18, 2009The world famous, and CAFA Law Blog favorite, American Conference Institute is offering an $800.00 discount to attend its National Advanced Forum on Employment Discrimination Claims and Class Action Seminar if you sign up by May 26, 2009. At this price you can't afford not to go...
ACI's 7th Annual Advanced Forum on Wage and Hour Claims and Class Actions
Posted on May 11, 2009"You know what two things are very similar? Unpaid overtime and death. They both deny me the pleasures of being alive. How about a goodnight kiss?" "Hey, you found a third thing!" - Dilbert and a date You know what else is like death, not paying earned overtime and getting hit with a class action...
Some free advice to plaintiffs looking for a federal court exit strategy by claiming the amount in controversy is less than $5,000,000--learn to count. P. S. The magistrate judge already did.
Posted on May 10, 2009Newport v. Dell, Inc., CV-08-00096 (D. Az. 2008). Everyone know that plaintiffs' lawyers have some basic math skills – they are usually virtual savants about some things, who can instantly calculate their 1/3rd or 40% contingency fees in their heads, down to the fifth digit, always rounding up where possible...
Bad Faith Litigation - Nothing Funny About it
Posted on April 02, 2009While we usually pride ourselves on the humorous side of all things CAFA, there is nothing funny about Bad Faith Litigation. Join our friends at American Conference Institute for their forum which promises to shape the future of bad faith litigation strategies for leading outside counsel, in-house counsel and claims examiners in the insurance industry...
U.S. Supreme Court Reverses Burden of Proof on CAFA Removals!!
Posted on April 01, 2009Abrego, Lowedermilk, and others have been reversed!! Plaintiffs now bear the burden of establishing the nonexistence of minimal-diversity jurisdiction under CAFA. Finally, someone bothered to read and understand Section 2 of Congress' "Findings and Purposes" for CAFA and realized that Congress intended to extend federal jurisdiction over interstate class actions...
E Discovery: It's Whats for Dinner.
Posted on March 15, 2009IQPC eDiscovery: Examining eDiscover issues from Legal, IT, Compliance and Records Management Perspectives I left my Laptop in San Francisco (think Tony Bennett while singing this tune). I left my laptop in San Francisco High on a hill, general counsel calls to me...
No CAFA for You! Hertz is Driven Back to State Court.
Posted on March 13, 2009Friend v. Hertz Corporation, 2008 WL 4750198 (9th Cir. 10/30/08)* Hertz revs its engine, throws it into first, and removes this California class action to federal court via CAFA…and then stalls out. The district court remands the case to California state court and the 9th Circuit affirms...
Sprint Drops the Call and the Ball, Only Giving Refunds to "Dropped Call Credit Ninjas," in this CAFA Commencment Case.
Posted on March 12, 2009Welles v. Sprintcom, Inc., 2008 WL 4696157 (N.D. Ill. October 23, 2008 ). Sprint dropped David Welles' calls, then dropped the ball on his refund. Welles filed suit in the Circuit Court of Cook County, Illinois, alleging Sprint committed consumer fraud because Sprint allegedly made refunds for the dropped calls but only to customers who called to ask for a refund...
Plaintiff's Silence Can Be Deadly For Defendant Attempting to Establish Requisite Amount in Controversy For CAFA Removal Jurisdiction.
Posted on March 11, 2009Innovative Heath & Wellness LLC, v. State Farm Mutual Auto. Ins. Co., 2008 WL 3471597 (S.D. Fla. 2008). The question presented was whether the defendant could submit its own affidavits to establish the amount in controversy exceeded $5 million for the purposes of establishing CAFA jurisdiction...
What'chu talkin' 'bout, Cashcall?
Posted on March 10, 2009Leckler v. Cashcall, Inc., 07-04002 (N.D.Ca. 11/21/08) We, here at the CAFA Law Blog, search high and low to bring you, our loyal readers, cases that will help you understand the intricacies of the Class Action Fairness Act. Warning: This case is not one of them...
We're Still Watching Your Shorts, and Oh, Have They Been Busy....
Posted on March 09, 2009Palisades Collections, LLC v. Shorts, No. 08-2188 (4th Cir. 12/16/08). In previous posts the CAFA Law Blog brought you extensive coverage (yes, full briefs) of the Shorts story. In July you read about the West Virginia district court decision in Palisades Collections, LLC v...
Sour Dough Bread, Good California Wine, and eDiscovery! What More Could You Ask For?
Posted on March 05, 2009Let's Talk Dirty in Hawai'ian, CAFA Style
Posted on February 18, 2009Arnold Padgett v. CIGNA Corp., No. 07-00200, 2008 WL 639165 (D. Haw. Mar. 6, 2008) ACT I: THE TALK STORY Aloha, bruddahs and aunties. In other words, ho brah. This is the story of one huhu kane in Hawai’i named Arnold, who had a big pilikia...
Sixth Circuit Rejects Effort to Divide and Conquer and Avoid CAFA jurisdiction.
Posted on February 17, 2009Freeman v. Blue Ridge Paper Products, Inc. No. 08-6321, 2008 WL 5396249 (6th Cir. Dec. 29, 2008). In this case, the Sixth Circuit holds that plaintiffs may not avoid federal jurisdiction under CAFA by dividing their claims into five lawsuits containing identical allegations and parties, but covering successive discrete six-month time periods...
New Study Questions Whether CAFA Has Had an Effect
Posted on February 04, 2009The CAFA Law Blog is pleased to publish a Guest Post. Today's Guest Post is by Neil J. Marchand, a brilliant third year student at George Washington University Law School. Based upon Neil's insightful post and law review article, it is clear that Neil enjoys studying CAFA in his free time between law school classes...
National Bank May be a Citizen of Two States When Measuring Diversity Under CAFA
Posted on February 03, 2009Mount v. Wells Fargo Bank, N.A., No. 2:08-cv-6298, 2008 WL 5046286 (C.D. Cal. Nov. 24, 2008) A national bank can be a citizen of two states for CAFA diversity purposes when its principal place of business and the main office designated in its articles of association are located in different states...
Chief Judge Easterbrook Disses Ninth Circuit's Reading Skills: CAFA Does Trump Anti-Removal Provision in Securities Act.
Posted on February 02, 2009Katz v. Gerardi, ___ F.3d ___, 2009 WL 18137 (7th Cir. Jan. 5, 2009) In Katz, the Seventh Circuit* (Bad-ass Easterbrook) holds that CAFA trumps Section 22(a) of the Securities Act of 1933, which prohibited removal of certain securities actions brought under the Act, and dogs out the Ninth Circuit’s recent opinion in Luther v...
Pink Floyd Comes to Mind
Posted on February 01, 2009ACI's 2nd Annual Corporate Counsel Forum on Reducing Legal Costs Money, it's a crime. Share it fairly but don't take a slice of my pie. Money, so they say Is the root of all evil today. But if you ask for a raise it's no surprise that they're giving none away...
Sorry, Chad, You Might Have CAFA Jurisdiction, But You're Still a Ding Dong!!
Posted on January 29, 2009Panter v. Alltel Corporation d/b/a Alltel Wireless, 08-2097 (N.D. Ill. July 11, 2008) It seems the Alltel Corporation has it all: Its own racing team, its own stadium, …and everyone’s favorite TV commercials: But do they have what it takes to stay in federal court? In Panter, the plaintiff filed a class action in state court against Alltel, seeking recovery for the payment of unauthorized charges...
CAFA is BOOTYlicious! The Curious Case of Levy v. Keystone.
Posted on January 28, 2009Levy v. Keystone Food Products, No. 07-5502, (E.D. Pa. 08/27/08). A class of plaintiffs acquired BIG Booties under unusual circumstances. Got your attention? Good. Sometime, not every time, but occasionally, the analyst must take creative license to catch the readers’ eye...
"Other Paper" Jam: Lexmark International's Removal was Untimely by Two Years Because Damages Calculation Provided at Mediation Was Notice of CAFA Amount In Controversy.
Posted on January 27, 2009Molina v. Lexmark Intern., Inc., No. 2:08-cv-04796, 2008 WL 4447678 (C.D. Cal. Sep. 30, 2008) “Why does it say paper jam when there is no paper jam? I swear to God. One of these days I just kick this piece of &$@# out the window.” Perhaps sharing Samir Nagheenanajar’s (See a paper jam here) frustration, the district court kicked out the window (and back to state court) a class action removed by printer manufacturer Lexmark International because a damages analysis exchanged in a mediation two years before removal provided notice of an amount in controversy exceeding the CAFA minimum of $5,000,000...
Back to Business - ACI's Managing Complex Litigation Forum
Posted on January 26, 2009So the election is over and your candidate either won or loss. We think Minnesota is about done with their election and again your candidate will either win or lose. That we know. What to do now? Well, let’s buckle down and get back to business...
Evil Corn: CAFA Horror Tale. The Little Story of Webb v. Riceland Foods.
Posted on January 22, 2009Webb v. Riceland Foods, Inc., 08:-CV-01048-WRW, Eastern District of Arkansas, Western Division (November 4, 2008). Really rotten tomatoes! Fightin’ mad onions! Awfully mean beets! Genetically modified foods! At our morning blog meeting the images that were conjured by mentioning this mutagenic term were quite frightening...
Party Tells Judge, Hurry Up and Rule on CAFA Jurisdiction; Judge Tells Party, Hurry Up and Produce Some Evidence
Posted on January 21, 2009Beye v. Horizon Blue Cross Blue Shield of New Jersey, 568 F.Supp.2d 556 (D.N.J. 2008) The bottom line is, if your 2-step plan is to: 1) brief the issue and provide evidence supporting your position; and then 2) “respectfully request that the Court render its decision,” don’t take the second step first...
Thank You, W!
Posted on January 20, 2009It is fitting on the last day of the presidency of George W. Bush that we acknowledge that it was President Bush who gave us the Class Action Fairness Act (and other things which are beyond the scope of this blog). The Class Action Fairness Act was one of the first bills President Bush signed into law in his second term...
UPS Gets Shipped Back to State Court After Appeal Under CAFA Fails to Deliver!
Posted on January 20, 2009In re UPS Supply Chain Solutions, Inc., No. 08-0513, 2008 WL 4767817 (6th Cir. Oct. 27, 2008). No matter how you try to package it, if you remove to federal court asserting ordinary diversity jurisdiction only, you cannot then use the Class Action Fairness Act to appeal the court’s decision to remand A former employee of United Parcel Services, Inc...
I Just Want the Fax Ma'am, Just the Fax!
Posted on January 15, 2009Gene and Gene, LLC v. Biopay, LLC, 541 F.3d 318 (5th Cir. 2008) For the plaintiffs in this junk faxes case, the court will require a few more facts about the fax class before it agrees with the District Court that class certification was proper. But why do we care at CAFA Law Blog whether they get certification? Well, subject matter jurisdiction was based on CAFA, of course! Gene and Gene, as recipients of unsolicited fax advertisements, filed a class action on behalf of others so detrimentally hurt by wasted paper, ink and time under the Telephone Consumer Protection Act, 47 U...
News Flash: NY District Court says Stolen Laptop Causes Mad Cow Disease.
Posted on January 14, 2009Caudle v. Towers, Perrin, Forster & Crosby, _______ F. Supp. 2d ______, 2008 WL 4104035 (S.D.N.Y.). Well, that is not actually what it said, but the Court did say that stolen laptops with personal information such as SSN’s can cause fear and anxiety sufficient to create injury-in-fact similar to eating beef that may be contaminated with mad cow disease...
Sorry Nationwide . . . the District Court Just Wasn't on Your Side, Finding no CAFA Jurisdiction for This Putative Class Action.
Posted on January 13, 2009Myrick v. Nationwide Mut. Ins. Co., 2008 WL 53183 (W.D. Wash. Jan. 3, 2008). The plaintiff filed a putative class action in state court against the defendant, asserting that the defendant made Personal Injury Protection (“PIP”) coverage payments to insureds and then inappropriately sought reimbursement of those payments from the insureds even though they had not been made whole by a third party tortfeasor (Editors' Note: Now there’s a shock, an insurance company that doesn’t want to bear the ultimate loss for an insured's claim!)...
Who Says You Can't Go Home? Local Controversy Exception Sends Insurance Dispute Packing.
Posted on January 12, 2009Kaufman v. Allstate Ins. Co., 2008 WL 4224911 (D.N.J. Sep. 10, 2008) Jon Bon Jovi isn’t the only one who wants to go back to New Jersey (although it might be close). In Kaufman v. Allstate Insurance Co., plaintiff vehicle owners claimed their suit against insurance companies for failure to cover the diminished value of their vehicles resulting from accidents belonged in state court, where the defendants could get a proper ass-beating (we mean “fair hearing”) by the good people of New Jersey...
Forget What You've Learned, Three is NOT the Magical Number; $5 Million is.
Posted on January 08, 2009Deehan v. Amerigas Partners, L.P., No. 3:08-cv-01009, 2008 WL 4104475 (S.D. Cal. Sept. 2, 2008). What happens when you mix over 14,000 class members each with a minimum claim of $500? Well, you get CAFA jurisdiction, of course!! When Amerigas removed this action to federal court under CAFA, the plaintiff apparently forgot everything he learned on Schoolhouse Rock and tried to remand the case back to state court...
You're in Good Hands in Federal Court with Allstate.
Posted on January 07, 2009Cox v. Allstate Insurance Company et al., No. 07-1449-L, 2008 WL 2167027 (W.D. Okla. May 21, 2008). [The editors of CAFA Law Blog salute the insurance industry, and their advertising wizards, in this post] The plaintiffs, a putative class of Allstate policyholders, claimed that when a wildfire swept across the plains and damaged their property, their Allstate replacement coverage policies sold by a local Allstate agent, didn’t live up to their promise...
Home Depot Fails to Build a Claim Under CAFA and Gets Hammered Back to State Court.
Posted on January 06, 2009Chochorowski, et al. v. Home Depot USA, No. 4:08-CV-849 CAS (E.D. MO. 2008). In Chochorowski, the plaintiff originally filed the putative class action in the Circuit Court of Madison County, Illinois in 2002. Building her claim, she alleged she was automatically charged for a “damage waiver” when she rented a power tiller from Home Depot, despite the fact that she never agreed to purchase the waiver, which was an optional charge...
Time is on Their Side: Plaintiffs Get Another Shot at Jurisdiction in this CAFA Case.
Posted on January 05, 2009Robinson v. Wal-Mart Stores, Inc., 253 F.R.D. 396 (S.D.Miss. 2008). The plaintiffs, who consisted of two hundred and eighty-nine current and former employees of the defendant, Wal-Mart, filed a class action alleging that they were required to work hours “off the clock” for which they were not paid, as well as to work through rest and meal breaks in violation of Wal-Mart’s contractual obligations and Mississippi law...
Out, Ad Damnum Spot!
Posted on December 31, 2008Stroh v. Colonial Bank, N.A, NO. 4:08-CV-73, 2008 WL 4831752 (M.D. Ga., Nov. 4, 2008). Illustrating the timeless caution that “the better part of valor is discretion,” Colonial Bank must defend itself in state court in this case after not proving to a legal certainty that the amount in controversy exceeded $5,000,000...
To Avoid Rejection, Make Sure Your Coupon Has All the Trimmings!
Posted on December 30, 2008Navigating the Minefield: Lessons of Figueroa v. Sharper Image and Defense Counsel's Guide to Settling Coupon Based Class Actions After CAFA, 15 No. 8 Andrews Class Action Litigation Report 1. In their article, David L. Aronoff and Saul S. Rostamian offer suggestions to defense counsel regarding how to successfully structure coupon-based class action settlements post-CAFA...
Martha Gets Another Last Laugh: Court Denies Class Certification, Then Dismisses For Lack of Jurisdiction Under CAFA.
Posted on December 29, 2008Ronat v. Martha Stewart Living Omnimedia, Inc., et al., 05-520 (S.D. Ill. Nov. 12, 2008). This putative class action was brought against Martha Stewart entities and other defendants by purchasers of the “Victoria” model of “Martha Stewart Everyday” brand glass-top patio tables that allegedly spontaneously shattered during ordinary use...
I Guess They Thought The Cameras Were Off!
Posted on December 23, 2008Philpot v. Best Buy Stores, L.P., No. 08-56 (W.D. Ky. Jul. 21, 2008) Having sex at work is probably not a good idea. This lawsuit, originally filed in state court, primarily concerned the employment discrimination claims of two plaintiffs who had been fired after allegedly engaging in sexual misconduct at the Best Buy store where they worked...
Making Your List? Checking It Twice? If so, Make Sure This Outstanding Seminar is On It!
Posted on December 16, 2008If you have been a good boy or girl, then you can go to the best Class Action Seminar in the New Year at a discount! Since the seminar is probably the first class action seminar of the new year, it is easy to say it will be the best one so far in 2009...
Need An Excuse for Holiday Shopping in New York? How About THE E-Discovery Conference?
Posted on November 25, 2008Don’t miss the 6th E-Discovery event taking place on December 8-11, 2008 at The New Yorker Hotel in New York City to understand the impact of E-Discovery and leverage best practices to give your organization the strongest competitive standing in the marketplace...
We're Not Worthy - CAFA Loser Style.
Posted on November 17, 2008Every corner of history is littered with famous losers. Who can forget ‘em? Famous movie losers? How about that dude who got his face kicked by a temporarily blinded Jean-Claude Van Damme in Bloodsport? Or even better, what about the Cobra-Kai dude that got popped, by Ralph Machio for God’s sake, in Karate Kid? Famous sports losers? A nod to a fellow blogger; you can’t have a conversation about greatest losers without discussing the Loveable Loser Cubs...
Attend College in your PJ's!!!!!
Posted on November 14, 2008Well, not exactly like the commercial we all see while watching re-runs of Seinfeld at 1:00 a.m., but very close. You can learn about the emerging trends in multi-state class actions from the plaintiff and defense bars from the comfort of your office...
Plaintiff Sues Whirlpool over Washing Machines; Whirlpool Gives CAFA Removal a Spin; Court Says Plaintiff's Motion to Remand is All Washed Up
Posted on November 13, 2008Glazer v. Whirlpool Corp., No. 1:08-CV-1624, 2008 WL 4534131 (N.D. Ohio Oct. 6, 2008). The moral of this story is, if you sue for “repair or replacement” of products with a collective retail replacement value of substantially more than $5 million, the CAFA amount-in-controversy requirement may well be met...
Aviation Cabin Cleaning Company Filed Sloppy Notice of Removal
Posted on November 12, 2008Navarro v. Servisair, LLC, 2008 WL 3842984, Case No. C-08-02716-MHP (N.D. Cal. Aug. 14, 2008) The plaintiff filed a class action against his employer, Servisair, LLC (“Servisair”), in the Superior Court of California for the County of San Francisco, alleging inadequate compensation under the California Labor Code...
Want a Stock Tip? Be Wary of Viatical Settlement Investments, At Least If You're Trying To Remove under CAFA.
Posted on November 10, 2008Coit v. Fidelity Assurance Associates, LLC, 2008 WL 3286978 (N.D.Cal. Aug. 6, 2008). Coit, a California resident, purchased interest in three viatical life insurance policy investments from the defendants (Editors’Note—we see you scratching your head...
Forgotten How to Sign Up or Post a Comment on the CAFA Law Blog?
Posted on November 07, 2008Just a friendly reminder in case you have just woken up from a bad dream about global recession and you have forgotten how to use all the really cool functions of the CAFA Law Blog. The CAFA Law Blog is designed to be interactive, and to allow you to respond immediately and easily to our posts with questions or comments, through the “Post A Comment/Question” buttons at the bottom of each post...
No Dropped Call When Amount in Controversy Satisfied in California Cell Phone Case.
Posted on November 06, 2008Valikhani v. Qualcomm Incorporated, 08-cv-786 WQH JMA (S.D. Cal. August 21, 2008). Qualcomm defeats motion to remand in S.D. Cal. by producing evidence of amount in controversy. On April 18, 2008, the plaintiff filed a class action lawsuit against Qualcomm in California state Superior Court in San Diego, California...
The Critics Are Right; Video Games Are Dangerous To Your Health.
Posted on November 05, 2008Broquet v. Microsoft Corp., _____ F. Supp. 2d ______, 2008 WL 2965074 (S.D. Tex) According to a study that will be featured in the Journal of Adolescent Health, "Exposure to violent electronic media has a larger effect than all but one other well known threat to public health...
Dow Chemical Cannot Get Removal Under CAFA to Stick.
Posted on November 04, 2008Cannon v. Dow Chemical Co., 08-1397 (E.D.La. June 2, 2008) It makes INSTA STIK polyurethane roof adhesive, Dow Epoxy, and HYPOD™ Polyolefin Dispersions, but Dow Chemical cannot get removal to stick under CAFA. The plaintiffs filed a putative class action asserting Dow Chemical released harmful chemicals from a facility in Taft, Louisiana...
Does Palin know CAFA? You Betcha! Thanks to the 2007 University of Pennsylvania Law Review Symposium and Accompanying Articles.
Posted on November 03, 2008Sure, we know, we know! Old Joe may know foreign policy, and O may know health care, and Mac may even know cutting congressional earmarks, but Palin knows CAFA! You know how we know, because this hockey-mom pulled off the CAFA hat-trick: “Do I know CAFA? You betcha I do! I know (1) the statute, (2) the history, and (3) the impact, and I know all of this thanks to the University of Pennsylvania Law Review Symposium from 2007, Fairness to Whom? Perspectives on the Class Action Fairness Act of 2005...
Free Gift From CAFA Law Blog and ACI for Our Smart, Sexy Readers
Posted on October 31, 2008Don’t say CAFA Law Blog never did anything for you. Other than making class action litigation a laughing matter, and that is no easy task! Now you can attend a CLE at a cool location for a cool price. ACI is offerings a $500 discount to all CAFA Law Blog readers who sign up by November 21...
Jsus Hates Federal Court. Really, He Does.
Posted on October 30, 2008Jésus Trilla-Pinero v. Puerto Rico, 557 F.Supp.2d 258 (D.Puerto Rico, Jun. 04, 2008) Have you ever thought about CAFA and wondered where it stands in the cosmic order? Ever ponder the mysteries of CAFA and think WWJD? Of course, we’re talking about Jésus Trilla-Pinero, pronounced “Hey, Zeus…” the plaintiff in today’s commencement tale...
Festivus for the Rest of Us - The ABA's 12th Annual National Institute on Class Actions
Posted on October 29, 2008Nothing like New York in November. Clear crisp skies, pigeons moving out of the way as you jog through central part, and meeting your friends for coffee at Monk’s while beginning to plan Festivus. What makes this November even better? Well the American Bar Association’s 12th annual National Institute on Class Actions of course...
Don't Be a Namby Pamby! Negotiate Your Own Amount in Controversy for CAFA Removal
Posted on October 28, 2008Hauer v. Priceline.com, Inc., et al, 3:08-cv-02608-JSW (N.D. Cal. August 6, 2008). PRICELINE NEGOTIATOR!! Problems with Priceline’s negotiator in California subjects the online peddler of cheap travel to California state court jurisdiction...
Who? What? When? Where? Why? Three Scholars Discuss CAFA's Role Surrounding the Issue of Multidistrict Litigation.
Posted on October 27, 2008Proceedings of the Tulane Law Review Symposium. The Problem of Multidistrict Litigation, 82 Tul. L. Rev. 2225, 2369, and 2423 (June, 2008). Admit it. You watched every single presidential (and vice-presidential) debate waiting with bated breath to see the candidates actually debate an issue rather than deliver a stump speech...
Hearsay, Shmearsay. When I Said There Were 70 Potential Plaintiffs What I Meant Was 126.
Posted on October 24, 2008Cunningham Charter Corporation v. Learjet, Inc., 2008 WL 3823710 (S.D. Ill.). Did you know that an affidavit supporting CAFA jurisdiction removal has to be all admissible and not full of unsupported hearsay? Who knew? The plaintiff sued Learjet claiming it failed to meet the terms of its warranty...
Federal District Court says: "Defendant . . . You are the Beast of Burden" to Show Removal Jurisdiction under CAFA"
Posted on October 23, 2008Bartnikowski v. NVR, Inc., 07CV00768 (M.D. N.C. 6/18/08) Maybe the defendants in this case have been keeping up with the CAFA Law Blog. The defendant, NVR, Inc., argued that the burden was on the plaintiffs to show CAFA jurisdiction did not exist after the defendants removed this lawsuit...
Spend a Grand or Two at Cartier, and Don't Forget to Use That $100 Credit Your Attorneys Won for You!
Posted on October 22, 2008Fleury v. Richemont North America, Inc., C-05-4525 EMC, 2008 WL 3287154 (N. D. Cal. Aug. 6, 2008). After the Northern District of California’s ruling on their application for attorney fees, maybe the class counsel for the settling plaintiffs should enlist Elton John’s help in encouraging the class members to use the “relief” afforded to them in the settlement in this lawsuit...
Class Definition Can Be The Determinative Factor in Deciding CAFA Diversity Jurisdiction
Posted on October 20, 2008Kates v. Chad Franklin National Auto Sales North LLC, 2008 WL 3065009, Case No. 08-0384-CV-W-FJG (W.D. Missouri July 30, 2008). In Kates, the plaintiff filed suit in Missouri state court alleging damages resulting from his purchase of a Suzuki Grand Vitara from a dealership in Kansas City, Kansas, and operated by the defendants...
CAFA Used to Maintain a Non-Class Case in Federal Court!
Posted on October 17, 2008The CAFA Law Blog is pleased to publish a post by a guest columnist today. Please welcome Tracy D. Rezvani of Finkelstein Thompson, LLP. Ms. Rezvani and Finkelstein Thompson prosecute antitrust, securities and consumer class actions on behalf of consumers, investors, non-profit organizations, and businesses located in the United States and abroad...
Little Case for Some Red Hot CAFA Lipstick.
Posted on October 16, 2008Stella v. LVMH Perfumes and Cosmetics ISA, Inc., --- F.Supp.2d ----, 2008 WL 2669662 (N.D.Ill., Jul 08, 2008)(NO. 07 C 6509). Tell me, who does not like to see red hot lipstick? Well, this plaintiff does not because she asserted that it was toxic...
Plaintiff Gets His Bic Flicked on a CAFA Removal in California.
Posted on October 15, 2008Nelson v. BIC USA, Inc., 2008 WL 906049 (S.D. Cal. April 1, 2008) The plaintiff originally brought her class action suit in a California state court alleging causes of action under the California consumer protection, false advertising, and unfair competition statutes associated with the sale of certain BIC disposable lighters, which the plaintiff claims falsely claim to be “Made in the USA...
If You Do Not Establish Amount in Controversy in CA on a CAFA Removal, You Go Directly to Jail (State Court), Do Not Pass Go, and Do Not Collect $200.
Posted on October 14, 2008Munoz v. J.C. Penney Corp., Inc., 2008 WL 2782879 (C.D. Cal. July 15, 2008) The plaintiff filed his class action suit in a California state court alleging violations of the California labor code and other state laws. The defendant timely removed the case to federal court...
Since You Can't Go to Chicago in October to Watch the Cubs, You Ought to Just Go to Learn More About Automotive Product Liability.
Posted on October 13, 2008Let’s face it! The Cubs will not go to the World Series again. I know this isn’t a sports blog, but we’re just sick and tired of the same old Cubs, year in and year out. Goats, Bartman, Old Style? When will it end? There’s always next year (been saying that since 1909)!! But we digress, the real reason to go to Chicago in October is to hone one’s skills in Automotive Product Liability...
How Not to Show Me the Money - Wage and Hour Litigation in San Francisco, California.
Posted on October 13, 2008We’re going back to Cali – no, not with L.L. Cool J, but if you are lucky you can meet your favorite CAFA Law Blogger who’ll be in town to cover this awesome American Conference Institute conference. No, it’s not Anthony Rollo (although he is presenting at the Positioning Class Action Conference, click here for details)...
Positioning the Class Action Defense for Early Success - Why You Must Attend
Posted on October 09, 2008First, Anthony Rollo, master of all things CAFA is a featured speaker at this ACI event. Second, rumor has it a CAFA Law Blog editor will be in attendance. Third, it’s in Scottsdale, AZ in October. Fourth, no where else will you learn how to create a defense strategy that works best for your clients when class actions come around...
Joe Biden and Sarah Palin Wished They Knew This Much About Subprime Litigation.
Posted on October 09, 2008If you’re like us – and whether you admit it or not you probably are – you watched the Vice-Presidential debate with bated breath. You were just waiting for Biden to crush Palin on the subprime market. Or, for Palin to remind Biden how it was his fault the entire subprime crisis began in the first place...
CAFA Law Blog Mail Bag: An Inquiry From One of Our Readers!
Posted on September 29, 2008Early Saturday moring (September 27) we were tossing and turning trying to digest a recent CAFA opinion by a judge who just did not understand the reason behind CAFA. Or was it the several glasses of Tangley Oaks merlot from Friday night that was keeping us up? Not sure...
What is Your Favorite Position? CAFALAW Blog and Inquiring Minds Want to Know!
Posted on September 25, 2008If you were getting ready to pull out your copy of the Kama Sutra, shame on you. Geez. This is a family program. We were talking about your position on class actions. You can learn about positioning the class action for early success at American Conference Institute’s upcoming seminar entitled, “Positioning the Class Action for Early Success...
Looking for Friends With Benefits? CAFA Law Blog Wants to Be Your BFFWB
Posted on September 19, 2008The Editors of the CAFA Law Blog are looking for friends with benefits. You know what we mean. Someone you can pal around with but also get down and dirty with and share your secrets of class action prosecution or defense tricks with...
Just Because I Asked for Punitive Damages Doesn't Mean I Wanted Punitive Damages
Posted on September 18, 2008Feldman v. Standard Fire Ins. Co., 2008 WL 2074431 (E.D. Ark.) Joe Feldman decided to sue Standard Fire Insurance Company because it concealed the availability of lower priced policies that provided identical coverage. While he was at it, he decided to file as a class action...
Eastern District of Louisiana Says "No Go, Noto," Refusing to Remand CAFA Case Back to State Court on Timeliness Issue.
Posted on September 17, 2008Noto v. Daimler Chrysler Corp., 2008 WL 609796 (E.D. La. March 3, 2008). The plaintiff filed a petition in state court against 3 defendants seeking to establish a nationwide class, alleging that the gooseneck trailer hitch ball installed on his truck was defective causing a trailer he was pulling to smash into his truck...
The Court Found That the "Fax" Didn't Prove CAFA Jurisdiction, Putting This Case Back on the Midnight Train to Georgia State Court.
Posted on September 16, 2008C and E, Inc. v. Friedman’s Jewelers, Inc., 2008 WL 64632 (S.D. Ga. Jan. 4, 2008) The plaintiffs originally brought this action in a Georgia state court, asserting a class action claim against the defendant for the mass transmission of unsolicited facsimile advertisements to “hundreds, if not thousands” of recipients in violation the Telephone Consumer Protection Act (“TCPA”)...
Manny, Moe and Jack get the CAFA lube job!
Posted on September 15, 2008Villegas v. The Pep BoysManny Moe & Jack of California, 06-07642, (C.D. CA May 6, 2008) and Machado v. The Pep BoysManny Moe & Jack of California, 08-01469, (C.D. CA May 6, 2008) When we heard that blue-collar, hard-working employees like Villegas and Machado were complaining about Manny, Moe and Jack, we thought the same thing that most of you are currently thinking...
Got Some Free Time This Weekend?
Posted on September 12, 2008Tired of watching the Weather Channel to see who is getting smashed this weekend by a Hurricane? Not interested in any of the non-conference rent -a-win college football games this weekend? Then, boy, have we got the thing for you! How about learning some of the cool features of the CAFA Law Blog? The CAFA Law Blog is designed to be interactive, and to allow you to respond immediately and easily to our posts with questions or comments, through the “Post A Comment/Question” buttons at the bottom of each post...
Guest Commentary: Fourth Circuit to Decide Whether to Let AT&T Pull Up Its Shorts Class Action to Federal Court
Posted on September 11, 2008Caught with its pants down, AT&T took one in the Shorts last January, as the CAFA Law Blog previously reported. (Editors' Note: See the CAFA Law Blog analysis of the district court decision in Shorts posted on July 23, 2008). Now, we are pleased to have a guest columnist today...
"Love the One You're With" . . . Perhaps AOL Should Have Taken a Page From Stephen Stills in This One. . .
Posted on September 10, 2008Breakman v. AOL LLC, 545 F. Supp. 2d 96 (D.C. 2008). Did AOL really think that its loyal members would sit by quietly paying $25.00 a month for dial-up internet service that new members could receive for $9.95 a month? In this case, the plaintiff, Paul Breakman, acting in a representative capacity on behalf of the interests of the general public, filed a one count complaint in the Superior Court of the District of Columbia alleging that AOL engaged in unlawful trade practices in violation of the District of Columbia Consumer Protection Procedures Act, D...
Short Case From Small State! Rhode Island Handles CAFA Amount in Controversy Standard.
Posted on September 09, 2008Gayvont v. Davol, Inc., No. 07-1966ML; MDL 07-1842ML; 2008 WL 2433258 (D. R.I. Feb. 6, 2008). Inspired by Judge Lisi’s economy of words, the editors hereby resolve to keep this post shorter than the opinion it summarizes…. In the absence of guidance from the First Circuit, the District of RhodeIsland recently followed the majority approach from other courts across the country for determining whether proof of the amount in controversy is sufficient to support an assertion of diversity jurisdiction under CAFA’s requirement that there be an aggregate amount in controversy of $5,000,000...
Another "Show Me the Money" Moment Brought to You by Northern District of CA in this Amount in Controversy Case.
Posted on September 08, 2008Bryant v. Service Corp. Int’l, 3:08-cv-01190 (N.D. Cal. May 7, 2008). Amount in Controversy again – the Northern District of California says “Show me the money!” and denied the plaintiff’s motion to remand when Service Corp...
American Conference Institute's 5th National Forum on Mortgage Fraud
Posted on September 05, 2008Come rain or shine, hurricane or lack of power, the CLE hours must be obtained. And for those of you weary from fleeing storms, here is one in a place sure to not be hit by a hurricane. ACI presents its 5th National Forum on Mortgage Fraud. Learn how to spot and prevent mortgage fraud from experts in this very topical area in a non-tropical area...
The 7th Circuit Refuses to Follow Animal Farm in the Less is More Debate of 1453(c)(1).
Posted on September 04, 2008Spivey v. Vertrue, Inc., No. 08-8009 (7th Cir. June 11, 2008). As always, we at the CAFA Law Blog are monitoring the CAFA cases just for you. In the Spivey case, the Seventh Circuit picked up the appeal and made a fantastic reference to Animal Farm while reversing the District Court...
Take Your Burden Seriously! Defendants Sent Back to State Court for Livin' on a Prayer
Posted on September 03, 2008Fiddler v. AT&T Mobility, LLC, et al., 2008 WL 2130436, No. 08 C 416 (N.D. Ill. May 20, 2008) In Fiddler, the defendants, AT&T Mobility, M-Qube, Inc. and Verisign, Inc., were sued in Illinois state court for allegedly making unauthorized charges for mobile telephone services...
Plaintiff Gets on That 707 with Plans of Rridin' High, but That Big Ol' Jet Airliner Won't Carry Her Too Far Away.
Posted on September 02, 2008Hanni v. American Airlines, Inc., 2008 WL 1885794 (N.D.Cal. Apr. 25, 2008) In this CAFA remand case, the plaintiff, Hanni, took an American Airlines flight from San Francisco to Mobile, with a stopover in Dallas. After the weather in Dallas turned a bit rough, the plane got diverted to Austin...
Happy Birthday to CAFA Law Blog!
Posted on August 29, 2008The CAFA Law Blog is 3 years old today! While at times we may act like we are 3 years old, we really feel like we are a 15 year old full of raging hormones. For 3 years we have enjoyed being the BEST source in the world for information, cases, and insights on the Class Action Fairness Act of 2005...
The Plaintiff Files His Complaint, Adds Donald Duck as a Party ... yadda, yadda, yadda ... and CAFA Prevails ... You've Come a Long Way Baby!
Posted on May 26, 2008Springman v. AIG Marketing, Inc., et al., No. 08-1019, Seventh Circuit Court of Appeals, April 15, 2008.The hot neon blinked outside and the buzz from the light could be heard at the counter. It had been one of those days for the Big Tall Army Guy and the last thing he wanted to hear or talk about was CAFA...
Rollo Weighs in on CAFA Status
Posted on May 26, 2008Zapata, Ron: Kinks Persist In Class Action Fairness Act: ExpertsIf there is one thing we’ve leaned while writing for the CAFA Law Blog, Anthony Rollo is the expert when it comes to all things CAFA. Ron Zapata picked up on this expertise in his recent article appearing on the Law360 website – www...
Cue the Jaws Music: Bu-na. Bu-na. Bu-na-bu-na-bu-na-bu-na-bunabunabunabuna... Bass Goes Looking for Minnows in State Court but Gets Itself Eaten Whole by CAFA.
Posted on May 26, 2008Bass v. Carmax Auto Superstores, Inc., 07-883, 2008 WL 441962 (W.D. Mo. Feb. 14, 2008)In a scene eerily reminiscent of perhaps the greatest single movie clip of all time, the Salsa Shark , our poor plaintiff, who once dreamt of swimming blissfully in the warm and fertile waters of state court, suddenly finds herself ripped from safety and trapped in the cold, murky, and oh-so frightening waters of federal court, never to return again...
I'll Gladly Pay You Tomorrow for a Hamburger Today.
Posted on April 28, 2008While this phrase seems to work on us case analyst here at cafalawblog.com, many employers still try to utilize Whimpy’s famous food phrase (is that alliteration or consonance or both?) to pay their employers. Watch out, because if Popeye finds out he’ll open a can of whup arse, I mean spinach, on you and take you to the cleaners (Was there a cleaner’s on Popeye?)...
So This Lawyer and Engineer Were Fishing...
Posted on April 18, 2008A lawyer and an engineer were fishing in the Caribbean. The lawyer said, “I'm here because my house burned down, and everything I owned was destroyed by the fire. The insurance company paid for everything.” “That's quite a coincidence,” said the engineer...
Asbestos Claims? I thought asbestos litigation was dead.
Posted on April 17, 2008Oh, ye of little faith. Like your dead beat cousin who manages to bum some money at every family event, like the possum that keep rooting through your garbage, like that Wiggles song you heard on the way to taking your kid to school and now can’t get out of your head...
Hot Off the Press! Looks Like It's Going To Rain All Night For Louisiana AG's Class Action Against Insurers
Posted on April 14, 2008State of Louisiana etc. et al. v. AAA Insurance, et al ., 08-30145, 2008 WL 1118176 (5th Cir. Apr. 11 , 2008).And now ladies and gentlemen, from the lovely Soul Queen of New Orleans Irma Thomas, “Drip drop, drip drop, drip drop, drip drop. It’s raining so hard, looks like its going to rain all night…” Inspired by the Fifth Circuit’s affirmance last week of the denial of remand in Louisiana’s putative class action suit against hundreds of insurers, your CAFA Law Blog editors collectively close our eyes, lean back in our chairs and imagine the Louisiana state court singing to the state’s lawsuit (we know it is a stretch to think of a court singing to a lawsuit, but it is even more of a test to imagine a state court judge singing to new Louisiana Attorney General Buddy Caldwell): “I guess I’ll have to accept the fact that you are not here...
You Can't Blame a Plaintiff for Trying! CAFA is Limited to CAFA.
Posted on April 14, 2008Hendrick v. Georgia Gulf Lake Charles, LLC, 2008 WL 65264 (W.D. La.).I bet you are thinking, oh boy, here comes another Katrina case. Well, contrary to public opinion, there are things that happen in Louisiana that are not a direct result of Katrina...
You Can't Blame a Plaintiff for Trying to Defeat Removal. After All, They Had Inhaled Ethylene Dichloride.
Posted on March 25, 2008Hendrick v. Georgia Gulf Lake Charles, LLC, 2008 WL 65264 (W.D. La.).This case is one of many filed in Louisiana state court arising from a spill of ethylene dichloride from the Georgia Gulf Lake Charles, LLC (“Georgia Gulf”) facility on September 17, 2006...
No CAFA for You! Allstate Remanded to the District Court ... and It Didn't Even Get Bread!
Posted on March 19, 2008Apodaca v. Allstate Ins. Co., No. 07-cv-00937-EWN-MEH, 2008 WL 113844 (D. Colo. Jan. 8, 2008).There was Allstate and the plaintiffs, waiting to place their orders with the Judge. While the parties chatted in line together, surely talking about the issues of the day (you know, the Dollar, the election, the Yankees-Red Sox feud), their conversation soon centered on the lightning rod issue captivating coffee houses, cigar bars, and little league bleachers country wide...
Judge Says to Abbott Labs "I Ain't Feelin' It, Dog!"
Posted on March 18, 2008Thorpe v. Abbott Laboratories, Inc., 07-5672, 2008 WL 383319 (N.D. Cal., Feb 12, 2008).Have you ever wondered what might happen if federal court judges were more like Randy, Paula, and Simon on American Idol?...Using the same wiretaps that caught Governor Spitzer, We secretly recorded the American Idol trio of judges discussing this recent CAFA decision...
I Bet Circuit City Wishes It Had Refunded That Restocking Fee Now! This CAFA Case is Remanded on Amount in Controversy.
Posted on March 17, 2008Alicea v. Circuit City Stores, Inc., 2008 WL 344695 (S.D.N.Y.)So you “buy” a high-def TV to watch the Masters and return it on Monday claiming it did not fit in your living room, and Circuit City hits you with a whopping 15% restocking fee...
American Conference Institute's Pollution Liability Insurance Seminar: Underwriting and Claims Strategies for Managing Risk and Minimizing Liability
Posted on March 11, 2008April 15 & 16, 2008, Flatotel (And yes, I spelled that right) New York, New YorkAlright everybody, join hands, let’s sing together. You too Mr. Gore:Have I been sleeping?I’ve been so stillAfraid of crumblingHave I been careless?Dismissing all the distant rumblingsTake me where I am supposed to beTo comprehend the things that I can’t see Cause I need to moveI need to wake upI need to changeI need to shake upI need to speak outSomething’s got to break upI’ve been asleepAnd I need to wake upNowI am not just singing the words to this song because I have been working on an appellate brief for the last 400 hours and ate a big BLT sandwich for lunch...
Playtex's Spill Proof Cups, the Kind You Drink Out of, Not Wear on Your Chest, is at the Bosom of this CAFA case.
Posted on March 11, 2008Paz v. Playtex Products, Inc., 07cv2133 JM(BLM) (S.D.Cal. January 10, 2008)The plaintiff says Playtex’s spill proof cups were not made in the U.S.A, but Playtex tried to show its patriotism in federal court. Nice try, but it’ll have to fight this one on California state court...
Man, that was a long opinion!!!! New Jersey Federal Court Keeps This CAFA Case
Posted on February 29, 2008Faltaous v. Johnson & Johnson, No. 07-1572, 2007 WL 3256833 (D.N.J. Nov. 5, 2007).Congrats go out to Magistrate Judge Falk of the District of New Jersey because he sure can write a a long opinion on amount in controversy under CAFA. With every other remand issue conceded in this state law overtime class action, in a 23 page opinion Magistrate Judge Falk takes us through the majestic world of amount in controversy in the Third Circuit and me to the medicine cabinet for some of J&J’s Extra Strength Tylenol®...
Hapless Home-Do-It-Yourself Plaintiff Hammered by Trial Court For Trying to "Turn CAFA'S Burden of Proof On Its Head."
Posted on February 28, 2008Wilbur Fuller, individually and on behalf of all others similarly situated v. Home Depot Services, LLC, Home Depot U.S.A., Inc., The Home Depot, Inc., and John Does 1 & 2, Civ. Action No. 1:07-CV-1268, U.S.D.C., N.D. Ga. Aug. 14 2007. “You Can’t Do It...
Fifth Circuit Says No New Car, Caviar, Four Star Daydream Or Football Team For These Lawyers
Posted on February 26, 2008In Re: High Sulfur Content Gasoline Products Liability Litigation, No 07-30384, 2008 WL 287347 (5th Cir. Feb 4, 2008).To show our readers how diverse the Editors’ tastes are, we present today a post that is NOT about a CAFA case. However, it is about a subject sure to stimulate the hearts and minds of all of you in the blawgosphere…attorney fees in class action litigation...
Just Like Green Acres, Oklahoma Is The Place To Be . . . Good thing, Because The Tenth Circuit Is Sending Mobil Back to State Court "Sooner" Rather Than Later.
Posted on February 14, 2008Weber ex rel Estate of Ruble v. Mobil Oil Corp., No. 06-6337, 2007 WL 3317680 (10th Cir. Nov. 9, 2007).The defendants must have felt like Sam Drucker's pig and the plaintiffs must have felt Lisa Douglas when this decision was handed down. This case began in May 2001 when J...
Glasses in a Timely Fashion? Sure. Removal in a Timely Fashion? Not So Much!
Posted on February 13, 2008Babasa v. LensCrafters, Inc., No. 07-55880 (9th Cir. August 16, 2007)LensCrafters failed to remove this California case within thirty days notice of CAFA jurisdiction. There is an important practice pointer here…Can you find it? Do you need your glasses? In this opinion, the 9th Circuit (yes, we all know about its reversal rate) addressed the issue of timeliness of appeal under CAFA and found that the removal from the United States District Court for the Central District of California was untimely...
Mr. Potato Head Doesn't Have a Clue and Gets His Battleship Sunk to State Court in this CAFA Commencement Case.
Posted on February 12, 2008Moll v. Hasbro, Inc., 2007 WL 2229001 (S.D. Ill. August 2, 2007)Yes, we know the headline is pretty Parchessi. Hasbro has to play this game in Illinois State Court. The Southern District of Illinois takes a look at a case surrounding Hasbro’s Electronic Catch Phrase Game...
What We Really Need is a "Decider." Are There any Bush's in Arkansas? (The Political Type Not the Foliage Type (and Yes, There is a Difference.).
Posted on February 12, 2008Toller v. Sagamore Ins. Co., 514 F. Supp. 2d 1111 (E.D. Arkansas 2007).The plaintiff, Gwendolyn Toller, filed suit against Sagamore Insurance Company following an automobile accident that caused damages, including medical expenses, in excess of Ms. Toller’s liability coverage...
What We Really Need is a "Decider." Are There any Bushes in Arkansas? (The Political Type Not the Foliage Type (and Yes, There is a Difference.).
Posted on February 11, 2008Toller v. Sagamore Ins. Co., 514 F. Supp. 2d 1111 (E.D. Arkansas 2007).The plaintiff, Gwendolyn Toller, filed suit against Sagamore Insurance Company following an automobile accident that caused damages, including medical expenses, in excess of Ms. Toller’s liability coverage...
Yada, Yada, Yada - CAFA Cases Worthy of Yada, Yada, Yada
Posted on February 01, 2008Elaine: "Yeah. I met this lawyer, we went out to dinner, he told me about these cases and articles that discussed CAFA, I had the lobster bisque, we went back to my place, yada yada yada, I never heard from him again." George: "But you yada yada'd over the best part...
Is the MDL Replacing Class Actions as the Favored Procedure? Find Out at the Tulane Symposium on Multidistrict Litigation in The Big Easy
Posted on February 01, 2008The Tulane Law Review is hosting the first national conference devoted to MDL. It will be February 15-16, 2008, at Tulane Law School, New Orleans, Louisiana. You can go down a day early and celebrate Valentine's Day on Bourbon Street.There have been big developments in the consolidation of similar multidistrict cases since the federal Panel on MDL was created in 1968...
Big Book on Big Issues...Class Actions: The Law of 50 States
Posted on January 31, 2008Thomas Dickerson, Class Actions: The Law of 50 States (ALM Books, 2008) Ever vigilant to provide our brilliant readers with information about CAFA, we wanted to let you know about a new book you might find helpful. Although the publisher did not provide us with a copy to review for you (hint, hint to the publisher), we wanted to pass along some information the publisher has provided about the book in case you find it of interest...
Under Pressure: How To Manage Complex Litigation...Made Easy
Posted on January 30, 2008Managing Complex LitigationACI’s Senior-Level In-House Counsel Litigation Think TankFebruary 27-28, The Carlton, New York, New York.Do you know what the first thing that came to mind was when I saw the topic for the February ACI conference? No, it was not days and days spent looking through documents...
New York Court Accepts Class Settlement, "Making It Rain" for Class Members.
Posted on January 30, 2008Silberblatt v. Morgan Stanley, No. 05-7569, 2007 WL 4145403 (S.D.N.Y. November 19, 2007).In a case that reminds us Goldfinger’s car, this class settlement involves bars of precious metals. This action began in late 2005 when Silberblatt alleged that he and others had been misled by Morgan Stanley into believing that specific bars/units of precious metals were allocated to them and therefore not subject to claims of Morgan Stanley’s creditors...
Don't Be Like Ferris Bueller, and Take This Day Off. This Case Presents an Important Lesson for CAFA and MDLs.
Posted on January 29, 2008Thorne v. Wyeth, Slip Copy, Case No. 06-3123, 2007 WL 2122158 (D. Minn. July 19, 2007).“bueller….bueller….bueller” Don’t cut class and listen up, this case gives us a great teaching point regarding CAFA and MDL. This opinion out of the District of Minnesota discusses a motion to vacate filed by the plaintiffs and points out a small nuance in CAFA regarding multidistrict litigation...
To Dr. Zhivago's Displeasure, LARA is no CAFA!
Posted on January 28, 2008Matthew Vansuch, Icing the Judicial Hellholes: Congress’ Attempt to Put Out “Frivolous” Laswuits Burns a Hole Through the Constitution, 30 Seton Hall Legis. J. 249 (2006).Unfortunately, Dr. Zhivago’s love for Lara Antipova did not convince Congress to pass a bill grouping LARA, a/k/a Lawsuit Abuse Reduction Act, with our favorite topic, CAFA...
Getting Ready for the June Wedding Season; Travelers Left Standing at the Federal Court Altar When Southern District of Illinois Remands CAFA Case to State Court!
Posted on January 25, 2008Coy Chiropractic Health Center, Inc. v. Travelers Casualty & Surety Company, No. 06-678-DRH, 2007 WL 2122420 (S.D. Ill. July 20, 2007).And they said it (federal court jurisdiction) would never last…well, this time they were right. The Editors cordially invite you to review this, our second post on Dr...
"Rabid Raccoon Bites Shopper at Home Depot!" Screams the Headline of the Daily CAFA Inquirer. After All Inquiring Minds Want to Know.
Posted on January 24, 2008Raspa v. The Home Depot, Civil No. 07-cv-1893 (D.N.J., December 21, 2007).Raspa says: “Watch out for that raccoon!” This is not really a CAFA case, but its lesson is two-fold: 1) stay away from raccoons, no matter how cute and cuddly they may appear; 2) when practicing in the Third Circuit regarding removal and remand be sure to look at Fredrico, Samuel-Bassett and Morgan v...
Removal By a Third-Party Defendant? It's a Theory That's Not "Built Ford Tough."
Posted on January 23, 2008Ford Motor Credit Co. v. Frederick Jones, et al., No. 1:07 CV 728, 2007 WL 2236618 (N.D. Ohio July 31, 2007)Jonesing for federal court CAFA jurisdiction on removal? Then, you better be the defendant! The Northern District of Ohio remanded this class action removed from state court by a third-party defendant under CAFA, holding that, under Sixth Circuit law interpreting 28 U...
Another Drug Manufacturer Stuck in State Court. No CAFA Jurisdiction for Paxil Class Filed in Minnesota Due to our Old Friend, Commencement.
Posted on January 22, 2008Engh v. SmithKline Beecham Corporation d/b/a GlaxoSmithKline, Civil No. 07-3483 (D. Minn. November 20, 2007).Our guess is that the defendant took Paxil for depression once it received the court’s decision. On November 20, 2007, the United States District Judge Michael J...
$9.00 in Seattle May Get You a Cup of Coffee, But It Won't Get You CAFA Jurisdiction In the Western District of Washington.
Posted on January 21, 2008Jepson v. Ticor Title Ins. Co., 2007 WL 3171442 (W.D. Wash. 2007) (Slip Copy).Poor Mr. Jepson, he refinanced his home worth more than $260,001, but less than $510,001, and was overcharged $9.00 by Ticor. Given the price of real estate in Seattle he probably should have felt more ripped-off by his realtor...
"Go to the Head of the Class!" Make Sure You Have the Right Class When You Try to Prove CAFA's Amount in Controversy.
Posted on January 18, 2008Pittman v. Chase Home Finance, LLC, 2007 WL 2156395 (N.D. Ohio 2007).Do you remember your first day at the University when your professor started class with “Welcome to Advanced Radiation Transport Theory” and you were suppose to be in History 101? I imagine that is how Chase felt when the court told it relied on the wrong class in its CAFA removal...
Chinese Wheat Gluten is Not the Breakfast of Champions (at least not for Cats and Dogs). Proving the Amount in Controversy is the Focus of this Poisoned Pet CAFA Case
Posted on January 17, 2008Ortiz v. Menu Foods, Inc., Civil No. 07-00323 DAE-LEK (D.C. Hawaii November 13, 2007).Do pets go to heaven? Well, thanks to the Chinese and their tainted wheat gluten, those of you who go to heaven may find out the answer. You know that the CAFA Law Blog loves animals…the facts of this one really tugs at our heartstrings...
It's the Beginning of the Second Semester of the School Year, and the Eastern District of Missouri Takes on--No, Not Reading or Writing, but 'rithmatic--and that Tricky Amount in Controversy Requirement of CAFA.
Posted on January 16, 2008Nowak v. Innovative Aftermarket Systems, Inc., 2007 WL 2454118 (E.D. Mo. Aug. 23, 2007)Size does matter when it comes to the amount in controversy. In this case out of the Eastern District of Missouri, the district court remanded a class action because it found the defendants failed to establish that the case satisfied the amount of controversy requirement under CAFA...
The Three Amigos of the Class Action Fairness Act from the Eleventh Circuit!
Posted on January 15, 2008Thomas M. Byrne, Class Actions, 58 Mercer L. Rev. 1171 (Summer 2007).In his cleverly titled article, Thomas Byrne gives a review of the Eleventh Circuit’s 2006 work in our favorite area, class actions. One may think such a title mundane, but Byrne spices it up by aptly titling his section on CAFA, “The CAFA Trio...
Suplex! DDT! The Eleventh Circuit Puts the Smack Down on Removals under CAFA.
Posted on January 14, 2008Thomas M. Byrne & Valerie S. Sanders,Commentary, See No Removal, Hear no Removal: The 11th Circuit’s New Posture on Removal in Lowery v. Alabama Power Co., 25 No. 15 Andrew’s Toxic Torts Litig. Rep. 11 (August 2007).Are you ready to rumble?! The state versus federal forum fight for class action lawsuits continues...
Batter Up! Case Note Discusses Interplay of CAFA and Supplemental Jurisdiction, Asking Who's on First?
Posted on January 11, 2008Tim Sensing, Who's On First?: The United States Supreme Court Takes A Swing At Interpreting The Ever-Elusive Language Of The § 1367 Supplemental Jurisdiction Statute In Exxon Mobil Corp. v. Allapattah Servs. Inc., 26 Miss. C. L. Rev. 321 (2007) Just in time to get CAFA Law Blog readers warmed up for the Spring Training and the World Series (it’s only 10 months away), the Mississippi College Law Review recently published a baseball-themed case note analyzing Exxon Mobil Corp...
U-Haul Makes Like a Bread Truck and Hauls Buns to Federal Court
Posted on January 10, 2008Kocienda v. U-Haul Intern., Inc., No. 3:07CV9542007 WL 2572269 (D.Conn., Sep 04, 2007)For all you movers (and shakers) out there, this one is for you. Plaintiff Kocienda brought a class action lawsuit against U-Haul, seeking compensatory and punitive damages for breach of contract and violation of the Connecticut Unfair Trade Practice Act based on U-Haul’s practice of charging a $50 cancellation fee...
Traveler's Claims Against United Air Lines Crash Lands in State Court
Posted on January 09, 2008Wexler v. United Air Lines, Inc., 496 F. Supp. 2d 150 (D.D.C. 2007).The Editors think that Gershwin’s “Rhapsody in Blue” was probably playing in the minds of United Air Lines’ lawyers as they read the recent opinion of the United States District Court for the District of Columbia, as it joined the formation of courts agreeing that the removing defendant has the burden of proof of jurisdiction under CAFA, including the burden to prove existence of the amount in controversy...
Can you Hear Me Now?...Court Utilizes Lodestar Method to Calculate Attorneys Fees in Calling Card Case
Posted on January 08, 2008Perez v. Asurion Corporation, 2007 WL 2591180 (S.D. Fla. 2007).Asurion agreed to settle this class action by providing calling cards and replacement phone vouchers to class members. The class complained that Asurion’s advertisements and brochures failed to advise its customers that that cell phone repair or loss claims may be fulfilled with new and/or refurbished equipment and a replacement phone was subject to a non-refundable amount deducted per loss...
Much Like Local NFL Franchise, Philadelphia Plaintiffs' Bid to Win at Home Falls Flat in Eastern District of Pennsylvania
Posted on January 07, 2008Anthony v. Small Tube Manufacturing Corp., No. 07-CV-0164-MJR, 2007 WL 2746847 (S.D. Ill. Sep 19, 2007).It was a game-changing play when the plaintiffs in this mass tort action failed to offer any evidence in support of their motion to remand seeking application of CAFA’s home-state controversy exception...
Smith's Bicycle Case Comes "Unchained" (Van Halen's 1981 hit) to a Tune with Unusual Chord Functions and a Metre Change (4/4 to 3/4 and back).
Posted on January 02, 2008Smith v. G. Joannou Cycle Co., Inc., no. 06-1577, (D. S.C. 2007)Michael Smith wanted what every other Tour de France enthusiast (do those really exist?) wanted: (1) a bicycle that performed and was in good working order; (2) a crisp clear day for riding; and (3) a song in his head to pass the time while he engaged in his biking experience...
We're Not Worthy: The Holiday Edition
Posted on December 20, 2007As we here at the CAFA Law Blog paused from the hustle and bustle to reflect on what the holiday season means to us and what we’re looking forward to in the year ahead, we thought you might enjoy (or at least endure) our take on an old classic...
Cure for Overspending This Holiday Season?
Posted on December 12, 2007As loyal CAFA law bloggers we know you are out there spending, spending, spending this holiday season on the latest gadgets like the Nintendo Wii, Ipod nanos, and special something for the better half. After all, there is no better way to stave off a recession than spending our way out of one...
"Let's Do the Time Warp Again!" When the Plaintiff Tries to Convince the Court to Go Back in Time and Relate an Amendment Back to the Complaint to Avoid Federal Jurisdiction.
Posted on December 04, 2007Springman v. AIG Marketing, Inc., No. 07-737-GPM, 2007 WL 3406927 (S.D. Ill. Nov. 14, 2007)Come on, you know the dance from the Rocky Horror Picture Show:It’s just a jump to the left And then a step to the right With your hands on your hips You bring your knees in tight But it’s the pelvic thrust that really drives you insane, Let’s do the Time Warp again! For all you readers who may be RHPS virgins or need a refresher, not to worry; we’ve got you covered...
"Toto, I don't think we're in Kansas anymore." Jiffy Lube Franchise Gets Slick and Slides on Out of This Class Action (at least in Kansas).
Posted on November 29, 2007Thompson v. Jiffy Lube International, Inc., et al., 505 F. Supp.2d 907 (D. Kan. April 23, 2007)This one’s a journey down the yellow brick road to dismissal of the plaintiffs’ claims against one defendant and partial dismissal against two others...
Judge Smith Says "Smell You Later," Remanding Noxious Odor Class Action Back to State Court.
Posted on November 23, 2007Sundy v. Renewable Environmental Solutions, LLC, et al., No. 07-5069, 2007 WL 2994348 (W.D. Mo. October 10, 2007).This case stinks like....turkey guts! The plaintiff, on behalf of herself and a putative class of owners/renters of residential property near the defendant Renewable Environmental Solutions’ (“RES”) facility from April 31, 2003 to the date of class certification, originally filed this suit in a Missouri state court...
"COUPONS! WE DON'T WANT YOUR STINKIN' COUPONS ... OR YOUR STINKIN' AIR PURIFIER!" says Judge Altonaga in this CAFA Settlement Decision.
Posted on November 21, 2007Figueroa v. Sharper Image Corp., case no. 05-21251, Southern District of Florida, Miami Division, United States District CourtWho hasn’t sat in one of Sharper Image’s Body Massage Loungers when you browsed through its store? If you say you haven’t, then you are either a liar or just don’t get out enough...
While Patrick Henry Said, "Give Me Liberty or Give Me Death," Judge Reagan Said, "Give Liberty Back to State Court" in this CAFA Commencement/Relation Back Case.
Posted on November 08, 2007Kaltenbronn v. Liberty Mutual Insurance Co., 07-0052-MJR (S.D. Ill. September 24, 2007).Liberty Mutual briefs another CAFA case, but this time “commencement” and burden of proof are against them. The Southern District of Illinois sends Liberty back to state court...
Reminder: American Conference Institute's Pollution Liability Insurance Seminar: Underwriting and Claims Strategies for Managing Risk and Minimizing Liability
Posted on December 31, 1969April 15 & 16, 2008, Flatotel (And yes, I spelled that right) New York, New YorkAlright everybody, join hands, let’s sing together. You too Mr. Gore:Have I been sleeping?I’ve been so stillAfraid of crumblingHave I been careless?Dismissing all the distant rumblingsTake me where I am supposed to beTo comprehend the things that I can’t see Cause I need to moveI need to wake upI need to changeI need to shake upI need to speak outSomething’s got to break upI’ve been asleepAnd I need to wake upNowI am not just singing the words to this song because I have been working on an appellate brief for the last 400 hours and ate a big BLT sandwich for lunch...
Ko?n to Polo Ralph Lauren: YOUR SHEETS SUCK!
Posted on December 31, 1969Korn v. Polo Ralph Lauren Corp., ____ F. Supp. 2d ____, 2008 WL 544564 (E.D. Cal.)An unprecedented clash of cultural titans. One, the fan club of the nu metal[1]. pioneer Ko?n.[2] The other, he of the over tanned skin and the white hair, fashion god and prepster idol Ralph Lauren...
Making Your List? Checking It Twice? If so, Make Sure This Outstanding Seminar is On It!
Posted on December 31, 1969pIf you have been a good boy or girl, then you can go to the best Class Action Seminar in the New Year at a discount!nbsp; Since the seminar is probably the first class action seminar of the new year, it is easy to say it will be the best one so far in 2009...
Resort Rental Company Sailed Away to Federal Court Because Plaintiff Failed to Consider CAFA Removal
Posted on December 31, 1969pia href="http://www.cafalawblog.com/Marg.pdf"Margulis v. Resort Renal, LLC/a/i, 2008 WL 2775495, Case No. 08-1719-WJM (D.N J. July 14, 2008)./p pThis is a putative class action for alleged violations of the Telephone Consumernbsp;Protection Act (ldquo;TCPArdquo;) and common law invasion of privacy...
I Guess They Thought The Cameras Were Off!
Posted on December 31, 1969Philpot v. Best Buy Stores, L.P., No. 08-56 (W.D. Ky. Jul. 21, 2008) Having sex at work is probably not a good idea. This lawsuit, originally filed in state court, primarily concerned the employment discrimination claims of two plaintiffs who had been fired after allegedly engaging in sexual misconduct at the Best Buy store where they worked...
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I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
How to cash a cashier's check without ID?
I would get some I.D.! Other than that, maybe you can tell the investigator you ...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
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