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Category Archives: Case Summaries

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The Supreme Court’s Knowles Ruling Is Not “Other Paper” Within the Meaning of 28 U.S.C. 1446(b)(3)

Posted in Case Summaries

Henry v. Michaels Stores, Inc., 2013 WL 2208070 (N.D. Ohio May 20, 2013). The District Court held that the Supreme Court’s recent opinion in Standard Fire Insurance Co. v. Knowles, 133 S. Ct. 1345 (2013), is not an “other paper,” which could make a previously un-removable case removable under 28 U.S.C §1446(b)(3). The plaintiff alleged [...]

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Is A Continuing Tort An “Event Or Occurence” Under CAFA’s Mass Action Provisions?

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Eleanor Abraham, et al v. St. Croix Renaissance, Group, L.L.L.P., 719 F.3d 270 (3d Cir. 2013). In this appeal, the Third Circuit held that CAFA’s phrase “an event or occurrence,” as it appears in the mass-action exclusion, is not limited to something that happened at a particular moment in time.  The plaintiffs, more than 500 [...]

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Citizenship, not Residency bring cases to Federal Court

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Villa v. United Site Servs. of California, Inc., 2013 WL 2436605 (N.D. Cal. June 4, 2013).  District Judge Jon S. Tigar, writing for the Northern District of California remanded an action for failure to establish minimal diversity, holding that the relevant inquiry for determining whether minimal diversity exists is the citizenship of the parties, which [...]

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Individual Claims are Immaterial because CAFA Aggregates the Class Claims

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Stella v. Hertz Corp, 2013 WL 2456042 (S.D. Cal. June 5, 2013). Establishing that the named plaintiff’s individual claims exceeds $75,000 is immaterial to CAFA jurisdiction.  What is important under CAFA is that the claim of the class should exceed $5 million.  Because the defendant here did not establish CAFA requirements, a District Court in [...]

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Severance Under Rule 21 May Defeat CAFA Jurisdiction

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State of Louisiana v. American National Property And Casualty Company, 2013 WL 5201146 (E.D. La. Sept. 11, 2013). In this case, the District Court for the Eastern District of Louisiana held that, while subject matter jurisdiction is generally determined at the onset of litigation, when an action is severed under Federal Rule of Civil Procedure [...]

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Standard Fire v Knowles at Use in Practice in Arkansas

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Standard Fire at Use in Practice in Arkansas Deaton v. Frito-Lay N. America, Inc., 2013 WL 2455941 (W.D. Ark. June 5, 2013).  Relying on the recent Supreme Court’s decision in Standard Fire that “to defeat CAFA jurisdiction, a stipulation must be binding, and a plaintiff bringing a proposed class action cannot bind members of the [...]

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Can A Complaint Be Mislabeled To Avoid CAFA?

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Erie Insurance Exchange v. Erie Indemnity Company, 722 F.3d 154 (3d Cir. 2013).   In this appeal, a majority of a Third Circuit panel held that an action brought by an insurance exchange – an entity, not a conglomerate of individuals – was not class action under CAFA. 

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California Case! – only 25% of California Labor Code Penalties can be considered for Amount in Controversy Requirement

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Walker v Corepower Yoga LLC, 2013 WL 2338675 (S.D. Cal. May 28, 2013).  In absence of the Ninth Circuit precedent on the issue, a the District Court for the Southern District of  California, remanded an action to the state court and held that only 25 percent of the total potential California Labor Code Private Attorney [...]

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Defendant’s Amount In Controversy Award Scrutinized for Time Barred and Other Inapplicable Damage Claims

Posted in Case Summaries, Uncategorized

Smith v. Lux Retail North America, Inc., 2013 WL 2932243 (N.D.Cal. June 13, 2013) In calculating damages, the defendant in this action had added damages that were outside the statute of limitations and otherwise inapplicable.  Rejecting the defendant’s calculations, a District Court in California remanded the action to state court.

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Better Late Than Never: Defendant Allowed To Raise CAFA’s Home State Exception Three Years After Filing Complaint

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Gold v. New York Life Ins. Co., 730 F.3d 137 (2nd Cir. 2013). In this appeal, the Second Circuit held (1) that CAFA’s home state exception is not jurisdictional and must be raised within a reasonable time, and (2) that the district court’s discovery schedule, which required the defendant to complete individual discovery before commencing [...]

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Defendant Lacked Energy To Maintain Jurisdiction Under CAFA

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Zuckman v. Monster Beverage Corp., No. 12-1978, 2013 WL 3992932 (D.D.C. Aug. 6, 2013). The District Court for the District of Columbia held that an action brought under the private attorney general provision of the District of Columbia’s Consumer Protection Procedures Act was not a removable class action under CAFA.

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CAFA’s General Public Exception Does Not Apply To Action Brought By Mississippi’s Attorney General

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Hood v. Bristol-Myers Squibb Co., No. 12-00179, 2013 WL 3280267 (N.D. Miss. June 27, 2013). In this case, the District Court for the Northern District of Mississippi found that an action brought by Mississippi’s Attorney General on behalf of the State of Mississippi, as well as individual, Mississippi consumers, did not fall within the scope [...]

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Seventh Circuit Refuses to Exalt Form Over Substance in Decision Reversing District Court’s Remand Order

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Addison Automatics, Inc. v. Hartford Cas. Ins. Co., 731 F.3d 740 (7th Cir. 2013). In this appeal, the Seventh Circuit found that the substance, not form, of a plaintiff’s complaint determined whether the district court had subject matter jurisdiction under CAFA.  Also, the Seventh Circuit held that a class representative’s fiduciary duties extend to separate [...]

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The Elder Scrolls IV: Oblivion – The Game Is On In Colorado

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Edwards v. Zenimax Media Inc., No. 12-00411, 2013 WL 5420933 (D. Colo. Sept. 27, 2013). In this case, the United States District Court for the District of Colorado held that once a case is properly removed under CAFA, the subsequent striking of class allegations does not divest a federal court of subject matter jurisdiction.

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Fifth Circuit Grants Petition to Determine The Meaning Of “Significant Relief” Under CAFA

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Opelousas General Trust Authority v. Multiplan, Inc., 2013 WL 3245169 (5th Cir. June 28, 2013). Because it had yet to fully explore the meaning of “significant relief” in the context of CAFA’s local controversy exception, the Fifth Circuit granted the defendants’ petition for leave to appeal a remand order to consider the question. Defendant American [...]

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California District Court Avoids Addressing Controlling Standard for Determining Amount in Controversy

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Ornelas v. Children’s Place Retail Stores, Inc., 2013 WL 2468388 (C.D.Cal. June 5, 2013). A District Court in California avoided addressing the effect of a recent Ninth Circuit decision on the controlling standard for determining the amount in controversy in a removed case where Plaintiff has pled less than the jurisdictional amount. The plaintiff, a [...]

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Supplemental Evidence from Removing Defendant May Be Considered To Defeat CAFA Removal

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Steele v. W.W. Grainger, Inc., 2013 WL 2481476 (S.D. Cal. June 10, 2013). Removing defendants can undermine the basis for removal jurisdiction with their own subsequent submissions.  A District Court in Southern California held that a court may consider supplemental evidence proffered by the removing defendant, which was not originally included in the removal notice [...]

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Defendant Cannot Be Asked To Confess Liability Under The Guise Of Calculating The Amount In Controversy

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Raskas v. Johnson & Johnson, 2013 WL 3198177 (8th Cir. June 26, 2013) While reversing an order of remand, the Eighth Circuit held that when determining the amount in controversy, the question is not whether the damages are greater than the requisite amount, but whether a fact finder might legally conclude that they are.  Further, [...]

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The Seventh Circuit Resolves District Court Split Over Triggering the 30-day Removal Period

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Walker v. Trailer Transit, Inc., 2013 WL 4488915 (7th Cir. Aug. 23, 2013). The Seventh Circuit resolves a district court split in the Seventh Circuit holding that the 30-day removal clock under 28 U.S.C. § 1446(b)(3) is triggered only when the defendant receives a pleading or other paper that affirmatively and unambiguously reveals that the [...]

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Dog Treats Litigation Stays in Missouri State Court

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Curts v. Waggin’ Train, LLC, 2013 WL 2319358 (W.D. Mo. May 28, 2013). Rejecting the defendants’ request to broaden the class definition in order to establish federal jurisdiction, a District Court for the Western District of Missouri held that it could not change the Plaintiffs’ choice of class definition.  The Court also examined and held [...]

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Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claims

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Ellison v. Autozone, Inc., 2012 WL 5177478 (9th Cir. Oct. 19, 2012). In this racial discrimination and state wage laws violation action, the Ninth Circuit reiterated that the federal courts are not deprived of jurisdiction over individual claims through a subsequent dismissal or transfer of class claims when jurisdiction was proper at the time of [...]

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