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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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Under Dart Standard Fifth Circuit Rules Plaintiffs’ Mere Denials Insufficient to Rebut Defendants’ Amount-In-Controversy Evidence.

Posted in Case Summaries

Carter v. Westlex Corp., 643 Fed. Appx. 371 (5th Cir. 2016) (per curiam). In this case, the Fifth Circuit affirmed the denial of plaintiffs’ remand motion where plaintiffs submitted only conclusory allegations to contest defendants’ evidence that CAFA’s amount-in-controversy requirement was satisfied.

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The Amount in Controversy is an Estimate of the Total Amount in Dispute, Which Is Distinct from the Amount Ultimately Recoverable

Posted in Case Summaries

Henry v. Central Freight Lines, Inc., 2017 WL 2684136 (9th Cir. June 21, 2017). In this action, while reversing a district court’s order remanding the case to the state court, the Ninth Circuit found the amount in controversy is simply an estimate of the total amount in dispute, and is a concept distinct from “the […]

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Plaintiffs Must Invoke CAFA Jurisdiction if “Reasonable Probability” Exists that the Damages Totalled $5 Million

Posted in Case Summaries

Boyd v. NYCTL 1996-1 Trust, 2017 WL 2589388 (2d Cir. June 15, 2017). In this summary order, while affirming the judgment of a district court dismissing the plaintiffs’ claims, the Second Circuit found that there was a “reasonable probability” that the plaintiffs’ damages totalled at least $5 million, and the plaintiffs could have invoked CAFA […]

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When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage

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John v Whole Foods Market Group Inc., 858 F.3d 732 (2d Cir. June 2, 2017). In this action, while vacating a district court’s order dismissing the plaintiff’s complaint, the Second Circuit found that when the defendant asserts a “facial” challenge to standing, the courts should continue to draw from the pleadings all reasonable inferences in […]

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Court Held No Jurisdiction Under CAFA for Lack of Required Number of Plaintiffs

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Whitlock v. Bayer Corp., 2017 WL 564489 (E.D. Mo. 2017). A district court in Missouri remanded the action back to state court for lack of diversity jurisdiction, federal question jurisdiction, or jurisdiction under CAFA. In remanding the case the Court held that the defendants’ argument that several similar actions filed by the same attorneys against […]

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Court Retains Jurisdictions Under CAFA Because Less than Two-Thirds of Class Members Were Residents of the Same State as the Defendant

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Durham v. Cincinnati Children’s Hospital Medical Center, 2017 WL 510268 (S.D. Ohio Feb. 8, 2017). A district court in Ohio retained jurisdiction over a class action under CAFA by finding that a sampling of class members based the plaintiff’s own assertions showed that less than two-thirds of the potential class members were from state of […]

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CAFA Doesn’t Bar A Stipulation Of Dismissal For Re-filing An Un-certified Class Action In State Court For The Purpose Of Settlement.

Posted in Case Summaries

Adams v. USAA Casualty Insurance Company, No. 16-3382 (8th Cir. July 25, 2017). In this action, while reversing a district court’s order, the Eighth Circuit found that CAFA doesn’t bar a stipulation of dismissal for re-filing an un-certified class action in state court for the purpose of seeking approval of settlement. The Eighth Circuit maintained […]

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Ninth Circuit Decides That Plaintiffs Should Be Given Leave To Amend Complaint To Meet Jurisdictional Requirements under CAFA

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Kevin_Do_v_First_Financial_Security_Inc, No. 15-56837, 2017 WL 2297624 (9th Cir. May 25, 2017). In this unpublished decision, the United States Court of Appeals for the Ninth Circuit determined that the district court abused its discretion when it denied the plaintiffs leave to amend its complaint because the plaintiffs could plausibly allege the jurisdictional requirements of the Class […]

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The Operative Complaint’s Estimate of Class Number and the Potential Damages Could be Relied On to Establish CAFA’s Amount in Controversy

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Sabrina_Roppo_v_Travelers_Commercial_Insurance_Co_et_al., 2017 WL 3695205 (7th Cir. Aug. 28, 2017) In an action challenging Travelers Commercial Insurance Company’s (“Travelers”) alleged practice of not disclosing the existence of umbrella policies, the United States Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) affirmed the dismissal of Plaintiff Sabrina Roppo’s (“Plaintiff”) claims finding that the allegations in […]

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A Removing Defendant Can Use Over-inclusive Evidence to Establish the Amount in Controversy

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Scott v. Cricket Communications, LLC, 2017 WL 3197548 (4th Cir. July 28, 2017). In this action, vacating a district court’s judgment, the Fourth Circuit found that the district court committed legal error by disregarding the defendant’s evidence of the amount in controversy as over inclusive, since a removing defendant can use over inclusive evidence to establish the […]

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Once Citizenship Prerequisites Have Been Established, Courts Consider a Six-Factor Balancing Test when Determining Whether to Exercise the Discretionary-Remand Exception under CAFA

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Speed v. JMA Energy Co., 2017 WL 2547240 (E.D. Ok. June 13, 2017). Once the court had determined that a sufficient number of the plaintiffs and the primary defendants were citizens all citizens of the state in which the suit had been brought, it weighed the remaining six factors under 28 U.S.C. § 1132(d)(3)(A)–(F) and decided […]

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Federal Courts Have Jurisdiction Over All Claims if They Have Jurisdiction Over Some, and CAFA Doesn’t Support Claim-Splitting or Partial Remand of a Specific Remedy

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Chuang v. Dr Pepper Snapple, 2017 WL 2463951 (C.D. Cal. Jun 7, 2017). In denying the plaintiff’s motion to remand, a District Court in California found that the presence of at least some claims over which the district court has original jurisdiction is sufficient to allow removal of an entire case, even if other claims […]

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Failure to Allege Actual Damages Defeated a Putative Class Action against Wish.com

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Max Gerboc v Context Logic, Inc., 2017 WL 3497405 (6th Cir. Aug. 16, 2017) Wish.com is run by the defendant ContextLogic, Inc. (“ContextLogic”).  The website works like a bazaar, where consumers can buy thousands of types of products, ranging from home goods to apparel. Plaintiff Max Gerboc (“Plaintiff”), one of those consumers, bought a pair of […]

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Mass Action Should Contain 100 Or More Actual Named Plaintiffs; Not Just 100 Or More Named Or Unnamed Real Parties In Interest

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Liberty Mutual Fire Insurance Company v EZ-Flo International Inc., et al., Case No. 17-228 (C.D. Cal. May 3, 2017). In granting the plaintiffs’ motion to remand holding that the purported mass action was not brought by 100 or more plaintiffs, a District Court in California found that the language “100 or more persons” in mass action […]

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Federal Court Declines to Remand Action to State Court Based on Abstention After Determining it had Jurisdiction Over the Matter

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Papurello v State Farm Fire & Casualty Company, 144 F.Supp.3d 746 (W.D. Penn. Nov. 16, 2015). In this action, the United States District Court, Western District of Pennsylvania (the “District Court”) denied the Plaintiffs Vincent and Linda Papurello’s (collectively, “Plaintiffs”) motion to remand finding Defendant State Farm Fire and Casualty Company (“Defendant”) clearly established diversity […]

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Post Filing Changes To The Nature Of Class Actions Filed In The Federal Courts Under CAFA Does Not Divest The Federal Courts Of Its Jurisdiction

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Wright Transportation Inc v Pilot Corporation, 841 F.3d 1266 (11th Cir. 2016). The United States Court of Appeals for the Eleventh Circuit (the “Eleventh Circuit”) found that there was no distinction between the actions brought before a federal court asserting jurisdiction under the Class Action Fairness Act (“CAFA”), and the actions brought in the state […]

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Spirit of CAFA Law Encourages Exercising Supplemental Jurisdiction Over State Law Claims If A Federal Court Loses CAFA Jurisdiction Subsequent To Removal

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F5 Capital v Pappas, No. 16-530 (2d Cir. April 26, 2017). In this action, while holding that the district court retained jurisdiction, the Second Circuit found that given that CAFA was the jurisdictional anchor for the complaint and that the evident purpose of CAFA was to expand federal jurisdiction over suits that met its requirements, it would […]

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Local Controversy Exception Cannot Be Read To Create A Jurisdictional Loophole To Defeat Federal Jurisdiction

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Davenport v Lockwood Andrews & Newman et al., 2017 WL 1457945 (6th Cir. April 25, 2017). In reversing the United States District Court for the Eastern District of Michigan’s (the “District Court”) order granting the plaintiffs’ motion to remand, the United States Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) found that the […]

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Proposal for a Bellwether-Trial Process Amounts to a Proposal to Try Their Claims Jointly Only When Bellwether Trial Has Preclusive Effect on the Plaintiffs in the Other Cases

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Dunson v. Cordis Corporation, 854 F.3d 551 (9th Cir. 2017) In this action, while affirming the judgment of a district court granting the plaintiffs’ motion to remand, the Ninth Circuit found that to constitute a trial in which the plaintiffs’ claims are “tried jointly” for purposes of § 1332(d)(11)(B)(i), the results of the bellwether trial […]

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District Court Holds Nonbinding Bellwether Trial not a Joint Trial under CAFA’s Mass Action Provision

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Dunson v. Cordis Corporation, 2016 WL 5335551 (N.D. Cal. Sept. 23, 2016). A district court in California remanded actions consolidated for purposes of pretrial discovery and formation of a bellwether trial process, finding the request for a nonbinding bellwether trial did not meet the joint trial requirement of CAFA’s mass action provision.

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“The Significant Defendant” Element Is A Narrow Exception Carefully Drafted To Ensure That It Does Not Become A Jurisdictional Loophole

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Atwood v. Peterson, No. 4:15-cv-00305 (E.D. Ark. Sept. 10, 2015). The plaintiff brought a putative class action against Walgreen Co. (“Walgreens”) and two of its district managers (“DMs”) in state court alleging violation of Ark. Code Ann. § 4-75-501(a)(2) which makes it unlawful to willfully refuse purchasers all rebates and discounts which are granted to other purchasers, […]

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Supreme Court denies review of remand order surrounding Flint water treatment plant class

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The CAFA Law Blog previously analyzed the Sixth Circuit opinion in Mason, et al., v. Lockwood, Andrews & Newman (Nov. 16, 2016) surrounding the Flint, Michigan water treatment plant. See the CAFA Law Blog analysis here.  In that opinion, the Sixth Circuit affirmed the district court’s order remanding the case based on CAFA’s local controversy […]

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