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Elsea v. Jackson County, Mo., No. 10-0620-CV-W-ODS, 2010 WL 4386538 (W.D. Mo. Oct 28, 2010).

Missouri may be moving to the SEC (that’s the Southeastern Conference, Home of the Last 5 National Champs and the Home of the 2011 National Champ, for you non-football fans), but this case is staying put in a Missouri state court because a Missouri federal district court granted the plaintiff’s motion for remand for want of diversity holding that a person is a citizen where he resides and intends to stay and that citizenship does not change until both conditions are met in a new state. 

Posted By McGlinchey Stafford at 11:26 AM | Comments / Questions (1)

Murray County, Oklahoma v. Homesales, Inc., 6:11-cv-00084-FHS, 2011 WL 5237307 (E.D. Okla. Oct. 31, 2011).

In this case, a District Court in Oklahoma held that in cases of multiple plaintiffs, each plaintiff must individually satisfy the amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a).

Posted By McGlinchey Stafford at 10:18 AM | Comments / Questions (0)

Dunn v. Endoscopy Center of Southern Nevada, No. 2:11–cv–00560–RLH–PAL, 2011 WL 5509004 (D. Nev. Nov. 7, 2011).

Having a colonscopy isn’t bad enough? How about getting Hepatitis C during your colonscopy? That sucks. Oh, and the answer to the question in the headline is Propofol (also now known as the Michael Jackson drug). Read on.

Posted By McGlinchey Stafford at 02:03 PM | Comments / Questions (0)

The clock is ticking.  You have until the end of the week to receive reduced registration for some great CLE, which will include invaluable information on class actions.

Anthony Rollo and H. Hunter Twiford, the co-founders of the CAFA Law Blog, are featured speakers at American Conference Institute’s 13^th National Conference on Consumer Finance Class Actions & Litigation, January 26-27, 2012 at the New York Marriott Downtown Hotel. Click here  for the pdf of the agenda.

The event features a faculty of leading government regulators, outside litigators, renowned jurists, and senior in-house counsel from these companies: Alliance Data * Capital One * CBE Group * First American Title Ins. * Flagstar Bank * Heart Financial Services * HSBC * Hyundai Capital * Macy’s * MERSCORP Inc. * Mortgage Bankers Assoc. * Natl. Creditors Connection * Nationstar Mortgage * PNC * Residential Finance Corp. * SAXON * Springleaf Finance * TCF Financial Corp. * UBS * U.S. Bank * Stewart Title Guaranty Co. * Wells Fargo * and many more

They will provide unparalleled insights on:

·         Analyzing consumer data to limit discriminatory lending claims

·         Containing costs & managing the rising amount of mortgage and foreclosure litigation

·         Understanding new MDLs, forced-place insurance claims and home equity line of credit suits

·         Assessing the investigations and actions that are being brought against financial institutions, directors and officers, servicers and third parties

·         Dealing with payment processors and implementing effective anti-money laundering protocols

·         Judicial perspectives on the latest waves of class actions, the timing and significance of class certification and how Wal-Mart and Concepcion affect the landscape

·         CFPB rulemaking, the new enforcement and supervision paradigm, navigating concurrent jurisdiction and the expanded role of state AGs

·         Navigating the new definition of “unfair, deceptive or abusive acts or practices” in the hands of the CFPB

·         And so much more

Additional details and registration information are available at www.AmericanConference.com/CFCA or by calling 888-224-2480. 
If you register by or before Dec. 16, you can save $400 off the full third tier conference tuition price ($1895 instead of $2295) by quoting “discount code 856L12.S”   Tell them the CAFA Law Blog sent you.

See you in New York.

Posted By McGlinchey Stafford at 10:12 AM | Comments / Questions (0)

Jones v. J.C. Penney Corp., Inc., No. CV 11–5631 PSG (SHx), 2011 WL 4529406 (C.D. Cal. Sept. 28, 2011).

While you are doing your holiday shopping at J.C. Penneys, check out the sales associates and see if they are sitting down. Let’s see if the plaintiff’s claims are accurate or not.

Posted By McGlinchey Stafford at 05:30 AM | Comments / Questions (0)

Spillman v. RPM Pizza, Inc., Nos. 10-349-BAJ-SCR, 10-592-BAJ-SCR, 2010 WL 4790904 (M.D. La. Oct. 26, 2010).

A Magistrate Judge in Louisiana recommended denying the plaintiffs’ motion to remand holding that CAFA does not require that at least one member of the putative class have a claim with an amount in controversy of at least $75,000.

Posted By McGlinchey Stafford at 05:30 AM | Comments / Questions (0)

Rodriguez v. Monsanto Co., No. 4:11CV01658 AGF, 2011 WL 5245251 (E.D. Mo. Nov. 2, 2011).

Relying on the Seventh and Ninth Circuit’s opinion, a District Court in Missouri held that the mass action provision of CAFA gives plaintiffs the choice to file multiple separate actions that do not each qualify for CAFA jurisdiction.

Posted By McGlinchey Stafford at 05:30 AM | Comments / Questions (0)

Hampton v. Monsanto Co., No. 4:11–CV–1662 (CEJ), 2011 WL 5307835 (E.D. Mo. Nov. 3, 2011).

In this action, a District Court in Missouri held that Congress appears to have contemplated that the plaintiffs as masters of their complaint may include or omit claims or parties in order to determine the forum.

Posted By McGlinchey Stafford at 05:30 AM | Comments / Questions (0)

Borchardt v. Mako Marine Int'l, Inc., No. 08–61199–CIV, 2011 WL 4636799 (S.D. Fla. Oct. 6, 2011).

With the verdant shores of federal court in sight, the plaintiffs’ class action sinks before making land. In this action, a District Court in Florida observed that while CAFA requires at least 100 “class members” to maintain a state law class action in federal court, the Magnuson–Moss Warranty Act requires 100 “named plaintiffs” to maintain a class action directly under Magnuson–Moss.

Posted By McGlinchey Stafford at 05:30 AM | Comments / Questions (0)

Ready to get a jump on your CLE requirements for 2012?  Looking for an outstanding discussion of CAFA, class actions, and consumer finance issue?  Want to learn from the giants of the CAFA Law Blog?  Then we have just the ticket for you.

Anthony Rollo and H. Hunter Twiford, the co-founders of the CAFA Law Blog, are featured speakers at American Conference Institute’s 13^th National Conference on Consumer Finance Class Actions & Litigation, January 26-27, 2012 at the New York Marriott Downtown Hotel. Click here  for the pdf of the agenda.

The event features a faculty of leading government regulators, outside litigators, renowned jurists, and senior in-house counsel from these companies: Alliance Data * Capital One * CBE Group * First American Title Ins. * Flagstar Bank * Heart Financial Services * HSBC * Hyundai Capital * Macy’s * MERSCORP Inc. * Mortgage Bankers Assoc. * Natl. Creditors Connection * Nationstar Mortgage * PNC * Residential Finance Corp. * SAXON * Springleaf Finance * TCF Financial Corp. * UBS * U.S. Bank * Stewart Title Guaranty Co. * Wells Fargo * and many more

They will provide unparalleled insights on:

·         Analyzing consumer data to limit discriminatory lending claims

·         Containing costs & managing the rising amount of mortgage and foreclosure litigation

·         Understanding new MDLs, forced-place insurance claims and home equity line of credit suits

·         Assessing the investigations and actions that are being brought against financial institutions, directors and officers, servicers and third parties

·         Dealing with payment processors and implementing effective anti-money laundering protocols

·         Judicial perspectives on the latest waves of class actions, the timing and significance of class certification and how Wal-Mart and Concepcion affect the landscape

·         CFPB rulemaking, the new enforcement and supervision paradigm, navigating concurrent jurisdiction and the expanded role of state AGs

·         Navigating the new definition of “unfair, deceptive or abusive acts or practices” in the hands of the CFPB

·         And so much more

Additional details and registration information are available at www.AmericanConference.com/CFCA or by calling 888-224-2480. 
If you register by or before Dec. 16, you can save $400 off the full third tier conference tuition price ($1895 instead of $2295) by quoting “discount code 856L12.S”   Tell them the CAFA Law Blog sent you.

See you in New York.

Posted By McGlinchey Stafford at 04:22 PM | Comments / Questions (1)