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Admiral Ins. Co. v. Abshire, 574 F.3d 267 (5th Cir. 2009)

The U.S. Fifth Circuit recently upheld a district court’s ruling that the plaintiffs did not commence a new suit under CAFA, by seeking class certification in an amended complaint or by reviving claims held by the deceased plaintiffs, in a suit which was filed prior to commencement of CAFA.

Posted By McGlinchey Stafford at 10:00 AM | Comments / Questions (0)

Want to network with attorneys around the world, find out what is hot in the legal world, etc., then turn to Laws, a one-stop shop for almost all things law related.

Posted By McGlinchey Stafford at 01:03 PM | Comments / Questions (0)

Beauford v. E.W.H. Group Inc., WL 1808468 (E.D. Cal. Jun. 24, 2009).

In this case, the California District Court remanded the action to state court ruling that in absence of diversity of citizenship, it lacked subject matter jurisdiction under CAFA. No surprise there!  No diversity, even minimal diversity; no federal court.

Posted By McGlinchey Stafford at 08:56 AM | Comments / Questions (0)

Cunningham Charter Corp. v. Learjet, Inc., __ F.3d __, 2010 WL 199627 (7th Cir. Jan. 22, 2010)

We are honored again to bring you another guest column from one of the smartest Chicago lawyers from below the Mason-Dixon line.  Our regular, loyal readers know we are referring to none other than Gabriel Crowson, a consumer finance defense attorney of the Howrey firm.   Heeeere's, Gabe....

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In a case of first impression, the Seventh Circuit recently reversed a district court’s ruling that the denial of class certification eliminated jurisdiction under CAFA. Cunningham Charter had sued Learjet in Illinois state court, asserting breach of warranty claims, on behalf of itself and all buyers of Learjets who had received the same warranty (not a bad class to be a part of). 

Posted By McGlinchey Stafford at 11:24 AM | Comments / Questions (0)

Lucker, et al., v. Bayside Cemetary, et al., No. 07-CV-3823; 08-CV-3555; 08-CV-3923 2009 (E.D.N.Y., Sep 30, 2009), 2009 WL 3213079

As many of our loyal readers are aware, the CAFA Law Blog originates from the great State of Louisiana. As many of those same readers will no doubt know, the State is steeped in rich stories of spirituality, mysticism, and chicanery.

Posted By McGlinchey Stafford at 05:03 PM | Comments / Questions (0)

TO Our Democrat Friends:

Please accept with no obligation, implied or explicit, our best wishes for an environmentally conscious, socially responsible, low-stress, non-addictive, gender-neutral celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice or secular practices of your choice, with respect for the religious/secular persuasion and/or traditions of others, or their choice not to practice religious or secular traditions at all. We also wish you a fiscally successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2010, but not without due respect for the calendar of choice of other cultures whose contributions to society have helped make America great. Not to imply that America is necessarily greater than any other country nor the only America in the Western Hemisphere. Also, this wish is made without regard to the race, creed, color, age, physical ability, religious faith or sexual preference of the wishee

TO Our Republican Friends:  

MERRY CHRISTMAS AND HAPPY NEW YEAR!

Posted By McGlinchey Stafford at 10:58 AM | Comments / Questions (2)

Just a friendly reminder to our adoring readers—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. The CAFA Law Blog further invites you to “Contact Us,” through the button found on the top tool bar, with questions or comments, or to submit articles, which you believe may be of interest to CAFA Law Blog or its readers.

The “Word Search” button found in the right hand column menu list, allows you to search CAFA Law Blog’s contents and hundreds of posts through word searches.

So, stop sitting there with that look on your face and start posting your comments and questions.

Posted By McGlinchey Stafford at 06:30 AM | Comments / Questions (0)

Register for the PLI’s 15^th Annual Consumer Financial Services Institute and choose your location. PLI is offering its annual conference in 5 live locations and on line. During this conference you will:

·                    Get the latest information on proposed Consumer Financial Protection Agency and regulatory restructuring;

·                    Identify the activities and industries that have become the focus of State Attorneys General;

·                    Survey the types of lawsuits being brought against mortgage lenders, credit card issuers and other financial services providers; and

·                    Explores recent developments in class action, credit reporting and collection, arbitration and bankruptcy.

The 38 member faculty includes leading attorneys in the consumer financial industry and attorneys who hear your cases. Sign up now to attend at www.pli.edu.

What: 15^th Annual Consumer Financial Services Institute

Where and When:  New York City (February 18-19, 2010); Cleveland, Philadelphia and Pittsburg groupcast (February 18-19, 2010); Live Webcast (February 18-19, 2010); and Chicago (April 8-9, 2010).

How to Register: Go to www.pli.edu or call 1-800-260-4PLI.

Posted By McGlinchey Stafford at 06:30 AM | Comments / Questions (0)

Your smart, sexy editors and analysts at the CAFA Law Blog are just itching to give you a daily dose of CAFA.  Think of it as our holiday gift to you.  It beats regifting fruit cake. 

So, how do you ensure you get a daily dose?  Well just read a little further. 

With fresh CAFA coming out daily, there’s never been a better time to sign up for our daily delivery service. Just sign up through the “Subscribe By Email” feature found in the right hand column menu list. The “Subscribe By Email” function lets you subscribe to the CAFA Law Blog and receive immediate notice of new posts – sent straight to your email address – containing one-click links directly to those new posts.

If email notice isn’t your thing, you can also have the CAFA Law Blog syndicated or “pushed” to you through an RSS “news-feed” reader on your computer, available through the “Subscribe By RSS” feature found in the right hand column menu list. Either way, its easy.   Do it. Do it now.

Posted By McGlinchey Stafford at 06:30 AM | Comments / Questions (0)

Manson v. GMAC Mortgage, LLC, 602 F.Supp.2d 289 (D. Mass. 2009)

The plaintiffs in this case thought there was no way that the amount in controversy could reach $5 Million, I mean, that’s a LOT of change . . . they were wrong. 

Posted By McGlinchey Stafford at 06:30 AM | Comments / Questions (0)