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Class Action

CAFA Law Blog - Information, cases and insights regarding the Class Action Fairness Act of 2005 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.”

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Last Entry: April 14, 2015 at 12:57:47

Recent Entries: 886

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100 Is The Magic Number For Both Remand As Well As Removal

Posted on October 17, 2014
California ex rel. Sherwin v. Office Depot, Inc., 2014 WL 320156 (C.D. Cal. Jan. 29, 2014). Relying on the Supreme Court?s recent decision in Mississippi ex rel. Hood v. AU Optronics Corp, which prohibited the court from exercising subject matter jurisdiction when there did not exist at least 100 named plaintiffs, the Central District Court [...

Plaintiffs Must Meet Their Burden to Rebut Defendants? Showing Re: Amount-in-Controversy

Posted on October 16, 2014
Clements v. DirecTV, LLC, 2014 WL 794287 (W.D. Ark. Feb. 27, 2014). In this action, the District Court denied a motion for remand and retained jurisdiction, finding that the defendant had satisfied its burden to establish that the amount-in-controversy exceeded the $5 million threshold required by CAFA...

A Plaintiff?s Motion to Amend is Not Operative for Removal Purposes

Posted on October 15, 2014
Chapin v. Whitecap Investment Corp., 2014 WL 656971 (D.V.I. Feb. 20, 2014). The plaintiffs in this matter are St. John property owners. The plaintiffs brought this action against defendants, Whitecap Investment Corp. and Paradise Lumber, in the Superior Court of the Virgin Islands alleging breach of contract, breach of warranty, negligence, strict product liability, and [...

Federal Jurisdiction Retained in Declaratory Judgment Action Where Value of Relief Was Measured in Medical Bills

Posted on October 14, 2014
South Florida Wellness, Inc. v. Allstate Ins. Co., 2014 WL 576111 (11th Cir. Feb. 14, 2014). The Eleventh Circuit held that, where a health care provider merely sought a declaration that the insurance policy did not clearly state that the defendant would limit the statutory fee, such a declaration would only open doors to insureds [...

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Plaintiff Cannot Maintain CAFA Jurisdiction Where Amount Stated In Controversy Isn?t Really in Controversy

Posted on October 14, 2014
Reilly v. Amy?s Kitchen, Inc., 2014 WL 905419 (S.D. Fla. March 7, 2014). A District Court in Florida dismissed the plaintiff?s complaint finding that the general rule for CAFA jurisdiction that the amount-in-controversy is determined at the time a complaint is filed does not apply to cases where the plaintiff doesn?t have standing to pursue [...

Expedited Discovery Denied for Local Controversy Exception

Posted on October 13, 2014
Catron v. Colt Energy, Inc., 2013 WL 6016231 (D. Kan. Nov. 13, 2013). In an action alleging violation of Kansas law prohibiting restraint of trade, the District Court denied the plaintiff?s motion to remand (without prejudice) finding that he failed to establish that he and his class would qualify for a local controversy exception and [...

Jurisdiction to Address Jurisdiction ? Supreme Court Questions Its Jurisdiction to Hear Case About CAFA Jurisdiction

Posted on October 10, 2014
Much like avid followers of this blog, the U.S. Supreme Court, of late, has started to take an interest in CAFA litigation, having issued decisions in CAFA cases in the past two terms. Mississippi ex rel. Hood v. AU Optronics Corp., 134 S. Ct. 736 (2014); Standard Fire Ins...

Remove Now, or Forever Hold Your Peace

Posted on October 10, 2014
Lee v. Equifax Info. Servs., LLC, 2013 WL 6627755 (N.D. Cal. Dec. 16, 2013). In this action, the District Court remanded the case finding that when the initial complaint on its face shows enough characteristics sufficient for a federal jurisdiction, the defendant must remove it within 30-days after filing of that complaint...

Only Actual Named Parties Qualify As Plaintiffs

Posted on October 08, 2014
Miss. ex rel. Hood v. AU Optronics Corp., 2014 WL 113485 (U.S. Jan. 14, 2014). The United States Supreme Court remanded an action holding that the mass action provision of CAFA did not apply because the term ?plaintiffs? refers to actual named parties as opposed to unnamed real parties in interest...

Standard Fire Versus Lowdermilk ? The Debate Continues!

Posted on October 06, 2014
Trahan v. U.S. Bank, N.A., 2014 WL 116606 (N.D. Cal. Jan. 13, 2014). A District Court while denying a motion to remand opined that the preponderance of the evidence standard applied, and held that the legal certainty standard is not applicable in actions involving absent class members...

Jail Term Not a Bar For Jail Inmate?s Ability to Communicate

Posted on September 30, 2014
Underwood v. Menfre, 2014 WL 67644 (M.D. Fla. Jan. 8, 2014). Aggrieved by her inability to write letters to her husband with sensitive, personal information, and send him inter alia photographs, drawings, and newspaper clippings, the plaintiff, whose husband was an inmate at the Flagler County Jail, Florida, brought an action challenging two policies of [...

Merchandise Certificates are Not Coupons And Therefore CAFA Did Not Apply to Louis Vuitton Settlement

Posted on September 29, 2014
Morey v. Louis Vuitton N. America, Inc., 2014 WL 109194 (S.D. Cal. Jan. 9, 2014). A District Court granted final approval to a settlement reached between the parties holding that the settlement was fair and reasonable, and that because the settlement did not involve coupons, CAFA did not apply...

Suit on behalf of All Taxpayers in a State is Deemed a Class Action Under CAFA

Posted on September 26, 2014
Brown v. Mortgage Elec. Reg. Systems, Inc., 2013 WL 6851088 (8th Cir. Dec. 31, 2013) The Eighth Circuit affirmed the order of a District Court denying a Plaintiff?s motion to remand holding that, because Arkansas cases involving the misuse of public funds proceed on a class theory that includes all Arkansas taxpayers, and the type [...

Are You Ready for Some Football?

Posted on September 25, 2014
Greco v. Jones, 2014 WL 177410 (N.D. Tex. Jan. 16, 2014). In this case, the plaintiffs, 237 ticket holders to Super Bowl XLV, brought an action alleging that they were denied, relocated, delayed seating, and/or, redirected to seats with obstructed views...

Doctrine of Comity Shaves off Jurisdiction of Federal Court

Posted on September 24, 2014
Farneth v. Wal-Mart Stores, Inc., 2013 WL 6859013 (W.D. Pa. Dec. 30, 2013). A District Court in Pennsylvania remanded an action holding that the doctrine of comity applicable to state taxation cases restrains federal courts from entertaining claims for relief that risk disrupting state tax administration...

Potential for Recovery in Excess of Jurisdictional Minimum is Not Sufficient to Establish Amount in Countroversy, Which

Posted on September 22, 2014
Perritt v. Westlake Vinlys Co., LP, 2013 WL 6451774 (M.D. La. Dec. 9, 2013). A District Court in Louisiana granted the plaintiffs? motions to remand holding that the mere potential for recovery in excess of the jurisdictional minimum was not sufficient to establish the amount in controversy, and that the defendants must show that it [...

An Unnamed Defendant Is Not A Party For Purposes of the ?At Least 1 Defendant? Requirement for the Local Issue Controversy Exception

Posted on September 19, 2014
Quicken Loans v. Alig, 2013 WL 6671618 (4th Cir. Dec. 19, 2013). The Fourth Circuit vacated an order of remand, holding that an unnamed defendant is not a party to the litigation, and thus, it was improper for the District Court to aggregate the unnamed defendant in a group for the purposes of the ?at [...

Eighth Circuit Math 101: One + One + One = One Mass Action under CAFA

Posted on September 19, 2014
Atwell v Boston Scientific Corp., 2013 WL 6050762 (8th Cir. Nov. 18, 2013). In this appeal, the Eighth Circuit ruled that when three cases each with less than 100 members were joined together before a common judge for the purposes trial, it becomes a mass action for the purposes of CAFA...

Affirmative Defenses Have No Role in Determining the Amount in Controversy

Posted on September 16, 2014
Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in controversy even where the complaint itself discloses the existence of a valid defense...

Defendants Concrete Evidence Defeats Remand

Posted on September 12, 2014
Fielder v. Penn Station, Inc., 2013 WL 1869618 (N.D. Ohio May 3, 2013). In this case, the plaintiff made a purchase at Penn Station, Inc., a shop located inRocky River,Ohiousing his credit card. The defendant Heartland Payment Systems, Inc. processed credit card purchases for Penn Station, Inc...

District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal

Posted on September 11, 2014
Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order. The plaintiffs brought an action under the Missouri Merchandising Practices Act...

A Removing Party Should Identify Statutes That Permit Attorney?s Fees

Posted on September 08, 2014
Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc., 2013 WL 1773955 (C.D. Cal. April 25, 2013). In this matter, the plaintiff brought an action in the Los Angeles County Superior Court alleging that the defendant breached contracts with its California customers by charging unauthorized fuel surcharges and excessive fees...

Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014).

Posted on September 01, 2014
Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014). The Eleventh Circuit upheld the District Court?s denial of motion to remand, finding that when the percentage of recovery from a foreign defendant far exceeds the percentage of recovery from the local defendant, then significant reliefis notbeing sought from the local [...

Vogle v. Archstone Communities, LLC, 2014 WL 463532 (C.D. Cal. Feb. 5, 2014)

Posted on August 29, 2014
Vogle v. Archstone Communities, LLC, 2014 WL 463532 (C.D. Cal. Feb. 5, 2014) A District Court in California refused to exercise federal jurisdiction by aggregating the claims against two defendants. The District Court found that, under CAFA, aggregation of claims against the defendants is permitted only when the defendants were one legal entity, and there [...

Western District of Kentucky Analyzes CAFA?s Jurisdictional Requirements And Exceptions In Order Denying Remand

Posted on August 27, 2014
Brown v. Paducah & Louisville Ry., Inc., 12-00818, 2013 WL 5273773 (W.D. Ky. Sept. 17, 2013) In this case, a Kentucky district court held that defendants in a putative class action arising out of a train derailment satisfied their burden of establishing CAFA?s minimal-diversity and amount-in-controversy requirements...

Dissent in Dart Cherokee Basin Operating Co., LLC v. Owens Paves Way For Third Supreme Court CAFA Decision

Posted on August 26, 2014
Dart Cherokee Basin Operating Co., LLC v. Owens, 730 F.3d 1234 (10th Cir. 2013), cert. granted, 134 S.Ct. 1788, 188 L.Ed. 2d 757 (2014) In this appeal, four circuit judges ? Judges Hartz, Kelly, Tymkovich, and Phillips ? dissented from the Tenth Circuit?s refusal to grant rehearing with respect to a Tenth Circuit panel?s previous [...

Local Controversy Exception, Not Home State Exception Wins the Day

Posted on August 19, 2014
Vodenichar v Halcon Energy Properties Inc., 733 F.3d 497 (3d Cir. Aug. 16, 2013). In this action, the Third Circuit affirmed the remand of the case based on a local controversy exception rather than the applying the home state exception as the basis for the district court?s remand...

Approved Settlement of Federal and State Wage Claims Did Not Implicate CAFA

Posted on August 15, 2014
Juvera v. Salcido, 2013 WL 6628039 (D. Ariz. Dec. 17, 2013) A District Court in Arizona granted approval to a $157,000 settlement holding that the Settlement Agreement reflected a fair and reasonable resolution of wage issues in the action. Current and former cashiers who were employed with the defendants brought this action alleging violations of [...

Ninth Circuit?s Lowdermilk?s Legal Certainty Standard is Irreconcilable with Standard Fire

Posted on August 14, 2014
Rodriguez v. AT&T Mobility Services, LLC, 2013 WL 4516757 (9th Cir. Aug. 27, 2013). The Ninth Circuit?s decision that Lowdermilk?s imposition of the legal certainty standard was clearly irreconcilable with Standard Fire is a boon to defendants seeking to remove cases to federal court under CAFA...

Setting the Edges: Defending Against Plaintiff End Runs Around CAFA

Posted on August 13, 2014
Edward S. Sledge, IV & Christopher S. Randolph, Jr., Setting the Edges: Defending Against Plaintiff End Runs Around CAFA, 80 Def. Couns. J. 178 (April 2013). In this article, Edward S. Sledge, IV, a shareholder at Maynard, Cooper & Gale, P.C. in Birmingham, Alabama, discusses the abusive practice that has allowed plaintiffs? attorneys to evade [...

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