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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.”

Post Frequency: 8.2/day

Last Entry: April 08, 2014 at 06:00:44

Recent Entries: 800

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Guest Post: Happy Birthday CAFA: Has It Improved the Federal Court System?

Posted on October 18, 2012
The CAFA Law Blog is pleased to publish another guest post.  This one is from Sarah Rawson.  Sarah, you have the floor.... ******************************************************* The Class Action Fairness Act of 2005 increased federal control of class action lawsuits...


Continuing Jurisdiction - You Can't Always Get what you Want, or what you Need....

Posted on October 08, 2012
Taragan v. Nissan N. Am., Inc., No: C 09-03660 SBA, 2011 WL 941132 (N.D. Cal. March 16, 2011).   After dismissal of class claims, it seems that both parties wanted to stay in federal court to decide the claims of the individual plaintiffs, but you can't always get what you want, or even what you need...


"No, You Just Thought You Were a Defendant," the Sixth Circuit Tells MERS

Posted on October 02, 2012
In Re Mortgage Electronic Registration Systems, Inc., 680 F.3d 849 (6th Cir. 2012). Here, the plaintiff, Kathy Hanson, obtained a loan from America's Wholesale Lender to purchase real property, and signed a mortgage with Mortgage Electronic Registration Systems (MERS) as the beneficial holder...


You Know That Award for Most Boring Case Ever Written? Yeah, We Have a Winner.

Posted on October 01, 2012
BlackRock Fin. Mgmt. Inc. v. Segregated Account of AMBAC Assur., 673 F.3d 169 (2d Cir. 2012). Here is a rare appellate snoozer that we have boiled down for you. The Bank of New York Mellon (BoNY), acting in its capacity as trustee of trusts established to hold residential mortgage-backed securities, settled claims that the originator and servicer had breached obligations owed to the trusts...


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The First Circuit Rules That Federal Law Has Its Limits - Who Knew?

Posted on September 24, 2012
In Re: Volkswagen and Audi Warranty, 2012 WL 3064844 (1st Cir. July 27, 2012). Plaintiffs nationwide sought to bring claims on behalf of all persons or entities in the United States who were current or former owners of several particular vehicles, alleging that the engines were defectively designed and that the defendants concealed the defects...


Guest Post: The Class Action Fairness Act's Impact Internationally

Posted on September 03, 2012
The CAFA Law Blog is pleased to post another guest post.  This post is from Daniela Levett for Pryers Solicitors.  Daniela, you have the mike.... ***************************************************************** It has been seven years since President George W...


Guest Post: The Impact of the Class Fairness Act

Posted on August 27, 2012
Today, we are pleased to publish a Guest Post written by Paul Kasparov on behalf of MayoWynneBaxter.co.uk – specialist Wills and Probate Solicitors.   Paul, you have the floor. *********************************************************** Legislating litigation is one of the most politicized and unpredictable functions undertaken by the United States government...


Plaintiff's Jurisdictional Allegations Were Cemented at the Time of Removal

Posted on July 13, 2012
Hardig v. Certainteed Corp., 2012 WL 423512 (W.D.N.C. Feb. 9, 2012). The Western District of North Carolina held that a class complaint is cemented at the time of removal and that jurisdiction can't be undone through 'post hoc characterization.' The plaintiffs brought a class action in the Superior Court of Union County, North Carolina, alleging breach of warranty and violations of the North Carolina Unfair and Deceptive Trade Practices Act...


99 Problems (But a "Mass Action" Ain't One)

Posted on July 12, 2012
Nevada v. Bank of America Corp., et al, 2012 WL 688552 (9th Cir. March 2, 2012).  Nevada AG's parens patriae suit fell 99 persons short of a 100 person 'mass action' under CAFA and was remanded back to state court. Nevada's Attorney General filed suit on behalf of all Nevada consumers (a parens patriae suit) alleging that the defendants, a group of mortgage lenders and servicers, misled Nevada consumers about the terms and operation of their home mortgage modification and foreclosure processes, in violation of the Nevada Deceptive Trade Practices Act ('DTPA')...


Guest Post: Beyond The Class Action Fairness Act

Posted on June 08, 2012
Today we are publishing a guest post contributed by Sandy Atwood, on behalf of Lawyers.com. Sandy studies corporate law and in her spare time, she takes an interest in and writes about the various acts that are passed by Congress.  The floor is yours, Sandy...


Thorogood Tried 1 Bourbon, 1 Scotch, 1 Beer, and Got Slammed

Posted on May 11, 2012
Thorogood v. Sears, Roebuck and Co., No. 10-2407, 2010 WL 4286367 (7th Cir. (Ill.) Nov. 02, 2010). Wanna tell you a story, About the house-man blues This story of house-main blues is about a dryer instead of being able to pay the rent. The plaintiff, Steven Thorogood (Editors' Note: we have no idea if he is related to George, but wouldn't that be cool?), a buyer, brought a class action against the defendant, a seller of dryers and all sorts of other stuff, alleging that the defendant deceptively advertised that its dryer had stainless steel drums whereas part of the drum was made of ceramic-coated mild steel in violation of the consumer laws of 28 states...


This Subprime Bubble Will Burst in State Court

Posted on May 10, 2012
Mireles v. Wells Fargo Bank, N.A., et al, 2012 WL 84723 (C.D. Cal. Jan. 11, 2012). In an action brought by borrowers alleging fraudulent and negligent misrepresentation against national banks, a district court remanded the case to state court, finding that the defendants primarily failed to meet their burden to establish that this was a mass action under CAFA...


Amend a Complaint to Add a Few Billion Dollars and a Few Thousand Plaintiffs and, Voila!, a Defendant's Right to Remove is Revived (Say that last part five times fast).

Posted on May 09, 2012
MG Building Materials, Ltd. v. Paychex, Inc., 2012 WL 201725 (W.D.N.Y. Jan. 23, 2012). A district court in New York retained jurisdiction over an action, finding that when an amended complaint alters the very nature of a suit and virtually makes it a 'new action,' the defendant's right to remove is 'revived...


State of South Carolina has a Real Interest in Making Sure its Citizens TV Viewing is Not Hampered by Price Fixing

Posted on May 08, 2012
South Carolina v. LG Display Co., Ltd., No. 3:11–cv–00729–JFA, 2011 WL 4344074 (D.S.C. Sept. 14, 2011) and South Carolina v. AU Optronics Corp., No. 3:11-cv-00731-JFA, 2011 WL 4344079 (D.S.C. Sept. 14, 2011). A District Court in South Carolina held that under a parens patriae action (that is a fancy law school word for a lawsuit brought by the state on behalf of its citizens), the State has a quasi-sovereign interest in bringing an action to enforce its laws and disgorge the proceeds of ill-gotten gains on behalf of its citizens who fell victim to TV picture price fixing...


Attorney Apparently Fails to Learn how to Discern Advertising Bullsh*! in Law School

Posted on May 07, 2012
Bank v. Hydra Group, LLC, No. 10–4085–cv., 2011 WL 4494380 (2d Cir. Sept. 29, 2011). A California attorney, brought a putative class action against Hydra Group LLC, claiming that it sent him and others unsolicited commercial e-mail advertisements in violation of § 17529...


Plaintiff Apparently Fails to Learn how to Discern Advertising Bullsh*!

Posted on May 07, 2012
Bank v. Hydra Group, LLC, No. 10–4085–cv., 2011 WL 4494380 (2d Cir. Sept. 29, 2011). A California plaintiff brought a putative class action against Hydra Group LLC claiming that it sent him and others unsolicited commercial e-mail advertisements in violation of § 17529...


Benefit Of Ambiguity In Complaint Goes To Defendant

Posted on May 04, 2012
Stevenson v. Dollar Tree Stores, Inc., No. CIV S–11–1433 KJM DAD, 2011 WL 4928753 (E.D. Cal. Oct. 17, 2011). It makes sense that if you work at the dollar store, you are only going to get paid an dollar. Am I right? In this action, a District Court in California held that where there is little evidentiary basis provided in a complaint, courts must be persuaded that the defendant's estimates are made in good faith and are reasonable to rely on...


Student Insurance Sold to Stupid College Students does not Provide Coverage for Students Being Stupid.

Posted on May 03, 2012
Kazlauskas v. United Healthcare Ins. Co., No. 11–2144, 2011 WL 4499001 (C.D. Ill. Aug. 16, 2011). Every now and then a CAFA related case comes across my desk that makes me think to myself (and sometimes out loud, what the hell?). This is one of those cases that made me take a minute out of my day of lawyering to get on PACER and find out the back story...


Student Insurance Sold to College Students does not Provide Coverage for Students Being Stupid.

Posted on May 03, 2012
Kazlauskas v. United Healthcare Ins. Co., No. 11–2144, 2011 WL 4499001 (C.D. Ill. Aug. 16, 2011). Every now and then a CAFA related case comes across my desk that makes me think to myself (and sometimes out loud, what the hell?). This is one of those cases that made me take a minute out of my day of lawyering to get on PACER and find out the back story...


As Life Is Not Eternal, Injunction Also Cannot Run Ad Infinitum

Posted on May 02, 2012
Andrews v. Nationwide Mut. Ins. Co., No. 1:11 CV 1379, 2011 WL 5118309 (N.D. Ohio Oct. 26, 2011). Nationwide is NOT on your side, say the plaintiffs in this case.  In this action, a District Court in Ohio held that if the court's ruling requires a business establishment to change its business practice, then such 'business practice' costs may be included in determining the amount in controversy...


Posted on May 01, 2012
Brey Corp. v. LQ Management LLC, No. AW-11-cv-00718-AW, 2011 WL 5244647 (D. Md. Nov. 1, 2011). In this action, a District Court in Maryland held that the amount-in-controversy is decided from the complaint itself, unless it is shown that the amount stated in the complaint is not claimed in 'good faith,' or that the plaintiff cannot recover the amount claimed 'to a legal certainty...


Courts (At Least This One) Always Respect Pleadings Made In Good Faith

Posted on May 01, 2012
Brey Corp. v. LQ Management LLC, No. AW-11-cv-00718-AW, 2011 WL 5244647 (D. Md. Nov. 1, 2011). In this action, a District Court in Maryland held that the amount-in-controversy is decided from the complaint itself, unless it is shown that the amount stated in the complaint is not claimed in 'good faith,' or that the plaintiff cannot recover the amount claimed 'to a legal certainty...


Mere Allegation Of 'Joint Liability' Does Not Satisfy 'Significant Basis' Test For Local Defendant

Posted on April 30, 2012
Opelousas General Hosp. Authority v. Fairpay Solutions, Inc., No. 11–30610,2011 WL 3902996 (5th Cir. La. Sept. 6, 2011). While reversing a district court's remand order under the local controversy exception, the Fifth Circuit held that the mere fact that relief might be sought against the local defendant for the conduct of others (via joint liability) does not convert the conduct of others into the conduct of the local defendant so as to satisfy the ‘significant basis' requirement...


The District Judge Continues To Play Bingo

Posted on April 27, 2012
Adams v. Macon County Greyhound Park, Inc., No. 3:11-CV-125-WKW [WO], 2011 WL 5294732 (M.D. Ala. Nov. 3, 2011). What a sexy claim!! Cry baby gamblers of bingo in ‘Bama.  After being bright enough to lose their money playing electronic bingo (WTF? Electronic Bingo?? You can almost hear the mechanical voice holler B19, B19) they sue to get their lost money back asserting it is illegal to gamble...


This Mellon's Mine, Says A District Judge

Posted on April 26, 2012
Bank of N.Y. Mellon v. Walnut Place LLC, No. 11 Civ. 5988 (WHP), 2011 WL 4953907 (S.D.N.Y. Oct. 19, 2011). In this action, a federal court retained jurisdiction on a verified petition finding that the petitioner was not entitled to the securities exception under CAFA when its claim does not entirely depend on a mutual securities agreement, but rather requires other sources of law for its evaluation...


Plaintiff is the Master and Commander of Her Compaint and Can Limit the Amount in Controversy

Posted on April 25, 2012
McClendon v. Challenge Financial Investors Corp., No. 1:11 CV 1597, 2011 WL 5361069 (N.D. Ohio Nov. 3, 2011). While remanding the action to state court based on the plaintiff's disclaimer of an award greater than $5 million, a District Court in Ohio held that the plaintiff being master of her complaint can plead in good faith to avoid federal jurisdiction...


King Comeoniwannalayya Hooks Up With Resort Staff and Sends Their Case Back to Hawaiian State Court.

Posted on April 24, 2012
Smith v. Kawailoa Development, LLP, No. 11–00350 JMS, 2011 WL 4971165 (D. Haw. Oct. 19, 2011). Hawaii..land of beautiful beaches, lush jungles, seething volcanoes, and gypped food servers. A Magistrate Judge in Hawaii held that it cannot look beyond the complaint in deciding whether 'significant relief' was sought from a particular defendant and whether its conduct formed 'significant basis' for the plaintiffs' claims...


Lazy Defendants Lost The Second Chance

Posted on April 23, 2012
Moncada v. Petroleum Geo-Servs., No. 1:11–cv–1352 AWI JLT, 2011 WL 5101907 (E.D. Cal. Oct. 25, 2011). A District Court in California held that while calculating the value of the injunctive relief, the calculation should be limited to those employed at the time of filing the suit because the former employee class members do not possess standing to pursue injunctive relief as they would not benefit from the injunction...


The Badlands Give a Good Opinion for CAFA Jurisdiction

Posted on April 20, 2012
Calvillo v. Siouxland Urology Assocs. P.C., No. CIV. 09–4051–KES, 2011 WL 5155093 (D.S.D. Oct. 28, 2011). In this action a District Court in South Dakota held that denial of class certification is merely a change of a jurisdictional fact and such changes do not affect the continuation of jurisdiction under CAFA...


Case Gets Crated and Barreled Back to State Court: A Paper Filed In State Court Has More Weight Than One Filed In Federal Court At Least For Removal

Posted on April 19, 2012
Salmonson v. Euromarket Designs, Inc., No. CV 11–5179 PSG (PLAx), 2011 WL 4529396 (C.D. Cal. Sept. 28, 2011). Recently, a District Court in California held that only a paper filed in state court and not federal court opens § 1446(b)'s second thirty-day removal window...


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