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

Category Archives: Case Summaries

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District Court Retains Jurisdiction When Plaintiff Fails to Establish that the Home-State Exception Applies

Posted in Case Summaries

Sovanarra Nop v. American Water Resources, Inc., 2016 WL 4890412 (D.N.J. Sept. 14, 2016). A district court in New Jersey retained jurisdiction over an action and rejected the plaintiff’s argument to consider the current year’s voter list (not the year in which the action was filed) for purposes of establishing citizenship.

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A Notice of Removal Need Not Contain Evidence Regarding Punitive Damages

Posted in Case Summaries

Lavelle v. State Farm Mutual Automobile Insurance Co., 2017 WL 706157 (D.D.C. Feb. 22, 2017) In denying a motion to remand, the District of Columbia found that a defendant is not obligated to present evidence regarding punitive damages in its notice of removal, particularly when the defendant relies on the plaintiff’s calculation for such claims. […]

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Section 1332(C)(1) Gives Dual, Not Alternative, Citizenship To A Corporation Whose Principal Place Of Business Is In A State Different From Where It Is Incorporated

Posted in Case Summaries

Life of the South Insurance Company v. Carzell, 2017 WL 1174083 (11th Cir. March 29, 2017). Recently, the Eleventh Circuit denied two corporate defendants’ petition to appeal because the companies’ dual citizenship was an insufficient basis to create federal diversity jurisdiction under CAFA when they shared a state of citizenship with all of the plaintiffs.

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Documents Pertaining To A Separate Case Does Not Constitute As ‘Other Paper’ To Ascertain Federal Jurisdiction Under CAFA

Posted in Case Summaries

Seasons Homeowners Association Inc v Richmond Homes of Nevada Inc., 2016 WL 7155746 (D. Nev. Dec. 7, 2016). In this construction defect dispute, a District Court in Nevada denied the plaintiff’s motion to remand because the the plaintiff’s  supporting documents pertained to a separate case and, therefore, could not serve as “other paper” to put […]

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District Court Orders Parties to Conduct Jurisdictional Discovery Before It Can Rule on Amount-in-Controversy and CAFA Exception Issues

Posted in Case Summaries

Brinkley v. Monterey Financial Services, Inc., 2016 WL 4886934 (S.D. Cal. Sept. 15, 2016). A district court in California ordered the parties to conduct jurisdictional discovery to determine if two-thirds of the class members (consisting of members from the states of California and Washington) were from the state of California, so it could ascertain if CAFA’s […]

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When a Complaint Involves More than 100 Plaintiffs Whose Claims Arise Out of a Common Set of Facts, a Court Will Analyze the Language and Structure to Determine Whether Plaintiffs Proposed a Joint Trial

Posted in Case Summaries

Melissa Ramirez, et. al. v. Vintage Pharmaceuticals, 852 F.3d 324 (3d Cir. 2017). In this case, the Third Circuit found that the language the plaintiffs held out as disclaiming their intent to seek a joint trial was not sufficiently definite to prevent removal as a mass action under CAFA. Accordingly, it reversed the U.S. District […]

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Post Removal Denial of Class Certification Does Not Divest the District Court of its Jurisdiction

Posted in Case Summaries

Shepard v. Vintage Pharmaceuticals, LLC, 2015 WL 11142456 (N.D. Ga. Dec. 7, 2015). Another action succumbs to the adage that post removal events do not divest federal jurisdiction over actions removed under the Class Action Fairness Act (“CAFA”). Plaintiff, Lauren Betancourt, brought a proposed products liability class action in the state court of Cobb County […]

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How Does the “Resident” Versus “Citizen” Distinction Observed in Other Parts of 28 U.S.C. § 1332 Play Out in CAFA’s Local-Controversy Exception?

Posted in Case Summaries

Hargett_v._St_Bernard’s_Hospital_Inc.. et al., 2017 WL 1405034 (8th Cir. April 14, 2017). The United States Court of Appeals for the Eighth Circuit (the “Eighth Circuit”) found that under the Class Action Fairness Act of 2005’s (“CAFA”) local-controversy exception citizenship can be ascertained either through irrefutable evidence, or through class definition before removal. If a Federal District […]

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PAGA Penalties Cannot Be Used to Reach CAFA’s Amount-in-Controversy Requirement

Posted in Case Summaries, Wage and Hour

Henry Chen, et al. v. United Talent Agency, LLC, et al., 2017 WL 946642 (C.D. Cal. March 10, 2017). A class action filed in state court was remanded by the U.S. District Court in California because the court found that the removing defendant improperly relied on PAGA penalties and anticipated but un-accrued attorney’s fees to […]

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Mass Action Jurisdiction Not Available When Actions Were Coordinated Solely for the Purpose of Discovery

Posted in Case Summaries

Banh v. USPlabs, LLC, 2015 WL 5012568 (C.D. Cal. July 23, 2015) The District Court for the Central District of California granted a motion to remand in Banh v. USPlabs, LLC, one of sixteen cases that had been consolidated for purposes of discovery in California state court before being removed under CAFA’s mass action provision.

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Defendant Meets the Legal Certainty Standard to Defeat Remand Challenge

Posted in Case Summaries, Jurisdictional Amount

Watson v. American National Property and Casualty Co, 2015 WL 5007967 (W.D. Penn. Aug. 20, 2015) The Court denied the plaintiff’s petition for remand, finding that the defendant met the legal certainty standard supporting federal jurisdiction in an action alleging that the defendant improperly rejected underinsured motorist (“UIM”) coverage for people that had been in […]

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CAFA’s Local Controversy Exception Applies When an Action has Similar Factual Allegations, Regardless of Whether there are the Same or Similar Causes of Action

Posted in Case Summaries

Dutcher v. Matheson, 840 F.3d 1183 (10th Cir. 2016). In this action, affirming the judgment of a district court in Utah denying the plaintiffs’ motion to remand, the Tenth Circuit found that differences in the causes of action pleaded are not enough to distinguish cases under the demands of CAFA’s local-controversy exception, which looks exclusively […]

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Interlocutory Review Provision Is Limited To Orders Granting Or Denying Remand Of Class Actions Removed Under CAFA

Posted in Case Summaries

Chan Healthcare Group PS v Liberty Mutual Fire Insurance Co., 2017 WL 24619 (9th Cir. Jan. 3, 2017). The Ninth Circuit found that the statutory exception to the general rule that remand orders are not reviewable on appeal applied only to orders granting or denying remand of diversity class actions brought and removed under CAFA–not […]

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Defendant’s Second Notice of Removal Timely and Proper due to Relevant Change in Circumstances caused by Supreme Court’s Decision in Standard Fire

Posted in Case Summaries, Wage and Hour

Taylor v. Cox Communications California, LLC, 2016 WL 7422717 (9th Cir. Dec. 23, 2016). The Ninth Circuit affirmed the District Court’s order denying the plaintiff’s motion to remand, finding that the defendant’s second notice of removal was timely and proper, particularly when the plaintiff did not provide the defendant with any “other paper” necessary to […]

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A Removing Defendant Is Not Obligated To Research, State, And Prove The Plaintiff’s Claims

Posted in Case Summaries, Wage and Hour

Ritenour v. Carrington Mortgage Services LLC, 2017 WL 59069 (C.D. Cal.  Jan. 5, 2017). In this action, while denying the plaintiffs’ motion to remand, a district court in California, found that  the defendant only needs to offer evidence sufficient to establish that CAFA’s amount-in-controversy requirement was met by a preponderance of the evidence and was not obligated […]

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CAFA Jurisdiction Cannot be Obtained Through Defendant’s Request for Consolidation of Cases

Posted in Case Summaries

Mcpeters v. Bayer Corp., 2017 WL 57250 (E.D. Mo. Jan. 5, 2017). In remanding this case back to state court, a Missouri District Court  found that cases involving fewer than 100 plaintiffs cannot be removed under CAFA through a defendant’s call for consolidation of similar cases, which would increase the amount of plaintiffs to reach […]

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It’s Not How Much You Recover That Matters, It’s How Much You Ask…

Posted in Case Summaries

Hammond v. Stamps.Com, Inc., 2016 WL 7367770 (10th Cir., Dec. 20, 2016) Reversing a district court’s order remanding the action, the Tenth Circuit found that federal jurisdiction under the CAFA does not depend on how much the plaintiff is likely to recover, but on the amount the plaintiff’s allegations suggest she might lawfully recover. In this case, […]

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Plaintiffs’ Stipulation In A Complaint That The Amount In Controversy Is Less Than $5 Million Does Not Take A Case Outside CAFA’s Scope

Posted in Case Summaries

Watson_v_Prestige_Delivery_Systems_Inc., 2017 WL 635388 (W.D. Penn. Feb. 16, 2017). In this action, while granting the plaintiffs’ motion to remand, the United States District Court, Western District of Pennsylvania (the “District Court”) found that pre-certification stipulation in a complaint stating the amount in controversy is less than $5 million does not, by itself, take a case […]

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Damages Stated in a Mediation Brief Were Not Enough to Establish the $5 Million Jurisdictional Minimum under CAFA

Posted in Case Summaries

Vitale_v_Celadon_Trucking_Services_Inc., 2017 WL 626356 (C.D. Cal. Feb. 15, 2017). In this action, where the United States District Court, Central District of California (the “District Court”) granted the plaintiff’s motion to remand, it also found plaintiff’s mediation brief did not represent a reasonable estimate of his claims, and therefore could not support the defendant’s burden of […]

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District Court Decides to Use Lodestar Method to Provide Class Counsel with Recovery of Attorney’s Fees in Coupon Settlement

Posted in Case Summaries

Tyler v. Michaels Stores, Inc., 2015 WL 8484421 (D. Mass. Dec. 9, 2015). In this action, the United States District Court, District of Massachusetts (the “District Court”), approved a settlement reached between the parties. Thereafter, the District Court determined the attorneys’ fees to be awarded class counsel (the “Class Counsel”) after giving due consideration to the […]

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District Court Holds “Local Controversy Exception” Applies And Remands Case Back to State Court

Posted in Case Summaries

Rhodes v. Kroger Co. 2015 WL 5006070 (E.D. Ark., 2015) An Arkansas district court reluctantly remanded a putative class action back to state court based on the “local controversy exception” to the CAFA. Plaintiffs’ complaint alleged that “significant relief” was sought from the defendants’ local district managers, and the district managers’ alleged conduct formed a […]

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