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Category Archives: Case Summaries

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A Post-Removal Amendment to Elaborate on Estimates of the Percentages of Total Claims Asserted Against a Defendant is Permissible under CAFA

Posted in Case Summaries

Benko v. Quality Loan Serv. Corp., 789 F.3d 1111 (9th Cir., 2015) The Ninth Circuit found that a post-removal amendment to the complaint made not to eliminate a federal question (and thereby avoid federal jurisdiction), but made to elaborate on estimates of the percentage of total claims asserted against an in-state defendant is permissible under CAFA. […]

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Using an Amended Complaint to Clarify Jurisdictional Facts is an Exception to the General Rule that Courts Must Look at Pre-Removal Filings to Determine Jurisdiction

Posted in Case Summaries

Smilow, et al. v. Anthem Blue Cross Life and Health Insurance Co., 2015 WL 4778824 (C.D. Cal. Aug. 13, 2015). In this action, a district court in California found that a plaintiff’s motion to amend the complaint to change the class description so it referred to ‘citizens’ of California instead of ‘residents’ of California would […]

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Courts May Use Address as Proxy to Determine Citizenship of Putative Class Members

Posted in Case Summaries

Garcia v. Task Ventures LLC, 2016 WL 7093915 (S.D. Cal. Dec. 6, 2016). In this action granting the plaintiff’s motion to remand, a District Court in California found that under CAFA’s local-controversy exception, citizenship of the putative class members can be determined through a sampling method, and that the mailing addresses of the employees serves […]

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Internal Affairs Doctrine Dictates That The Law Of The State Of Incorporation Governs Claims For Breach Of Fiduciary Duty and Unjust Enrichment

Posted in Case Summaries

Schartz v Parish, 2016 WL 7231613 (N.D. Ill. Dec. 14, 2016). In this action, the United States District Court, Northern District of Illinois, granted Plaintiff Brian Schartz’s (“Plaintiff”) motion to remand finding the Class Action Fairness Act’s (“CAFA”) internal affairs doctrine applied to the Plaintiff’s Breach of Fiduciary duty  and Unjust Enrichment claims which were […]

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Partial Dismissal of Claims Results in Reconsideration of CAFA Jurisdiction Over Remaining Claim

Posted in Case Summaries

Truglio v. Planet Fitness, Inc., 2016 WL 4084030 (D.N.J. July 28, 2016). In this action, while dismissing the plaintiff’s claims in part, a District Court in New Jersey questioned whether it had subject-matter jurisdiction under CAFA over the plaintiff’s remaining claim and ordered the defendants to show cause as to why the action should not […]

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Amend All You Want, But The Case Stays In Federal Court, Says the Second Circuit.

Posted in Case Summaries

In Touch Concepts, Inc. v. Cellco P’ship, 788 F.3d 98 (2nd Cir. 2015). The Second Circuit held that a post-removal amendment dropping the class allegations does not divest a district court of the federal jurisdiction. In this case, the plaintiff was a former retail sales agent.  He brought a putative class action in the New York state […]

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California District Court Remands Putative Class Action Due to Defendant’s Failure to Provide Evidence to Support its Calculations of the Amount in Controversy

Posted in Case Summaries

Cisneros v. Lerner New York, Inc., 2016 WL 4059612 (C.D. Cal. July 25, 2016). Plaintiffs, Ana Ciseneros and Farank Safa, filed this putative class action in the Los Angeles County Superior Court against their employer, Lerner New York, Inc. (“Lerner”), alleging eight causes of action including, failure to provide accurate wage statements, failure to pay […]

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Removing Party Need Not Confess Liability To Show That The Controversy Exceeds CAFA’s Thresholds

Posted in Case Summaries

Reno Cova v. Charter Communications, 2016 WL 4368100 (E.D. Mo. Aug. 16, 2016) The District Court denied plaintiffs’ motion to remand, finding that a defendant is not required to admit the allegations in plaintiffs’ complaint, and thus deprive itself of potential defenses, to avail itself of a federal forum under CAFA. The plaintiffs, subscribers of […]

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Case Remanded Where Defendant Failed to Provide Sufficient Evidence to Satisfy CAFA’s Jurisdictional Amount in Controversy Threshold

Posted in Case Summaries

Dobbs v. Wood Group PSN, Inc., 2016 WL 4367218 (E.D. Cal. Aug. 16, 2016) The District Court found that the defendant did not satisfy CAFA’s jurisdictional amount-in-controversy threshold. The defendant failed to demonstrate by preponderance of the evidence that its assumption of imputing a 100 percent violation rate was justified. The Court granted the plaintiff’s […]

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A Removed Case Doesn’t Always Stay Removed – Jurisdictional Ping-Pong under the CAFA and 28 U.S.C. § 1447(c)

Posted in Case Summaries

Polo v. Innoventions Int’l, LLC, 833 F.3d 1193 (9th Cir. Aug. 18, 2016). The Ninth Circuit remanded this case removed under the CAFA back to state court by holding in part the maxim “a putative class action, once properly removed, stays removed” directly contradicts the statutory language of 28 U.S.C. § 1447(c), which requires: “If […]

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District Court Holds That Removal of Multiple Suits is Barred by the Forum Defendant Rule; However, Removal is Permissible under CAFA

Posted in Case Summaries

In Re Lipitor Marketing, Sales Practices and Products Liability Litigation, 2016 WL 7338594 (D.S.C. Nov. 21, 2016). In this multi-district litigation (“MDL”), while granting in part the plaintiffs’ motion to remand, the MDL court considered the Class Action Fairness Act of 2005’s (“CAFA”) prohibition on transfers and suggested the Judicial Panel on Multidistrict Litigation (“JPML”) […]

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“Local Controversy” Exception Demands Remand

Posted in Case Summaries

Vitale_v__DR_Horton__Inc_, CV No. 15-00312 DKW-KSC, 2016 WL 4203399 (D. Haw. Aug. 9, 2016) In Vitale v. D.R. Horton, Inc., a federal district court in Hawaii remanded a putative class action, one brought pursuant to the Class Action Fairness Act (“CAFA”), because CAFA’s “local controversy” exception demanded that the federal court decline to exercise its jurisdiction.

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Ninth Circuit Reverses District Court’s Remand Order Finding that Defendant’s Theory of Damages Reasonable

Posted in Case Summaries

Branch v. PM Realty Group, L.P., 647 Fed. App’x. 743 (9th Cir. 2016). In this case, the Ninth Circuit reversed a district court’s order remanding the action finding that the defendant’s assumption of the amount-in-controversy objectively established that the amount-in-controversy exceeded CAFA’s jurisdictional minimum.

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Eighth Circuit Holds CAFA Does Not Authorize Class Counsel To Choose Its Own Method Of Fee Calculation

Posted in Case Summaries

Galloway v. The Kansas City Landsmen, LLC, 2016 WL 4409343 (8th Cir. Aug. 19, 2016) In this case, affirming the judgment of a district court for an award of attorney’s fee to class counsel, the Eighth Circuit found that 28 U.S.C. § 1712 does not authorize class counsel to choose its method of payment calculation […]

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Estimation Of Potential Damages From The Complaint’s Allegations Is Acceptable For Establishing CAFA’s Amount In Controversy

Posted in Case Summaries

Heather v Air Methods Corporation, 2016 WL 7109675 (W.D. Okla. Dec. 6, 2016). The Western District of Oklahoma found that a defendant may rely on an estimate of the potential damages from the allegations in the complaint in order to meet its burden to establish the CAFA’s amount in controversy requirement. In Heather, the plaintiffs brought […]

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Class Actions In ‘Substance’ Fall Within the Ambit of CAFA

Posted in Case Summaries

Williams v Employers Mutual Casualty Company et al., 2017 WL 117148 (8th Cir. 2017). In affirming the judgment of a District Court’s order denying plaintiff’s motion to remand, the Eighth Circuit found that an equitable garnishment action against insurers and land owners, although labeled otherwise, is a class action in “substance” for the purpose of CAFA […]

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CAFA Does Not Trump Valid Forum Selection Clause

Posted in Case Summaries

Bartels v. Saber Healthcare Group, LLC, 2016 WL 6237811 (E.D.N.C. Oct. 25, 2016) A District Court in North Carolina remanded this putative class action after finding a forum selection clause, which limited venue to a geographic location that did not encompass a federal district court, effectively waived the right to remove to federal court. The District […]

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A Removing Defendant Under CAFA Is Not Required To Allege Facts In Its Notice Of Removal Showing The Inapplicability Of The Local Controversy Exception

Posted in Case Summaries, Wage and Hour

Henry Hernandez v. Sysco Corp., 2017 WL 358021 (N.D. Cal., Jan. 25, 2017) In this wage and hour class action, while denying the plaintiff’s motion to remand, a District Court in California found that it was the plaintiff’s burden to show that the local controversy requirement applied, not the defendants’ burden to show that it did […]

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Fraudulent Misjoinder Requires ‘Egregious’ Misjoinder, Rather Than ‘Mere Misjoinder’

Posted in Case Summaries

Dotson v Bayer Corp, 2017 WL 35706 (E.D. Mo. Jan. 4, 2017). In granting plaintiffs’ motion to remand, a District Court in Missouri found that the doctrine of fraudulent misjoinder did not support subject matter jurisdiction over an action against the manufacturers of a medical device because the joinder of a non-diverse plaintiff was not […]

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Ninth Circuit Remands Action Based Upon CAFA’s Local Controversy Exception

Posted in Case Summaries

 Allen v. Boeing Co. 2016 WL 2586334 (9th Cir. May 5, 2016). The Ninth Circuit found that the plaintiffs’ complaint sufficiently alleged that the plaintiffs sought significant relief from the local defendant.  The plaintiffs therefore satisfied the requirements CAFA’s local controversy exception to divest the federal court of its jurisdiction.  The Ninth Circuit affirmed the District Court’s […]

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Plaintiff’s Unrefuted Evidence Regarding Citizenship Of Putative Class Members Required Remand Under CAFA’S Home-State Exception

Posted in Case Summaries

Reddick v. Global Contact Solutions, LLC, No. 15-425, 2015 WL 5056186 (D. Or. Aug. 26, 2015) In this wage-payment dispute, the court remanded the case under CAFA’s home-state exception, 28 U.S.C. § 1332(d)(4)(B), based on plaintiff’s unrebutted evidence that over 97.5% of the absentee class members were citizens of the forum state, Oregon.

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Pay Your Class Counsel! The Lodestar Method Is Available to Calculate Attorney’s Fees in Coupon Settlements

Posted in Case Summaries

Levitt v. Sw. Airlines Co. (In re Sw. Airlines Voucher Litig.), 799 F.3d 701 (7th Cir., 2015) The Seventh Circuit ruled that when the class members receive their relief in their entirety in a settlement due to the class counsel’s efforts, the class counsel should be compensated accordingly. The Seventh Circuit found the CAFA gives […]

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