Roth v. CHA Hollywood Medical Center, L.P., 2012 WL 5456406 (C.D. Cal. Nov. 7, 2012). A District Court in California, addressing a motion to remand, was left with serious doubts as to the propriety of the removal because the defendants at no time referenced any “paper” that they had received that allowed them to first [...]
Read All ...Category Archives: Case Summaries
Subscribe to Case Summaries RSS FeedIndividual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claims
Posted in Case SummariesEllison 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 [...]
Read All ...If A Defendant Could Be Found Liable For The Plaintiff’s Claims, Then He Is A Proper Defendant
Posted in Case SummariesVelasquez v. HMS Host USA, Inc., 2012 WL 6049608 (E.D. Cal. Dec. 5, 2012). A District Court in California held that, if one could be found liable for civil penalties under the law asserted by the plaintiffs, then he is a proper defendant to the action and not joined fraudulently to defeat diversity jurisdiction.
Read All ...The Real Story From the Unanimous Decision in Standard Fire Ins. Co. v. Knowles
Posted in Case SummariesStandard Fire Ins. Co. v. Knowles, 11-1450, 2013 WL 1104735 (U.S. Mar. 19, 2013). While we are not surprised by the unanimous decision of the Supreme Court in Knowles issued on March 19, 2013, we do find it interesting that most commentators on this case have missed what we think is the real story from [...]
Read All ...Trouble in Paradise? Emissions Of Hazardous Materials Has An Impact On CAFA Mass Action Jurisdiction As Well
Posted in Case SummariesAbraham v. St. Croix Renaissance Group, L.L.L.P., 2012 WL 60998502 (D.V.I. Dec. 7, 2012). I’ve got 2 tickets to Paradise. Won’t you pack your bags, we’ll leave tonight! Well, if Paradise is St. Croix, then Eddie Money may want to read this case before going.
Read All ...Controversies Are Not “Not Local” When The Defendants Are Vulnerable To Similar Claims in Other States
Posted in Case SummariesVillalpando v. Exel Direct Inc., 2012 WL 5464620 (N.D. Cal. Nov. 8, 2012). In a class action based on the alleged misclassification of drivers as independent contractors rather than employees, the Northern District Court of California held that the controversy was “not local,” and it denied remand on the basis that the defendants engaged in [...]
Read All ...Defendants Cannot Ask the Court to Bushwhack but, Instead, May Blaze A More Enticing, Interpretive Trail Inviting the Court to Take the Road Less Traveled.
Posted in Case SummariesMyinfoGuard, LLC v. Sorrell, 2012 WL 5469913 (D. Vt. Nov. 9, 2012). Although the enactment of CAFA was meant to expand federal court jurisdiction over class actions, the Vermont district court did not deviate from the traditional “whole complaint”/ wholesale approach analysis when evaluating whether the State is the real party in interest in this [...]
Read All ...If the Burden is on you to Prove the Amount in Controversy, be Sure to Check your Math!
Posted in Case SummariesKim v. Mosaic Sales Solutions Holding Co., No. 2:10-cv-03186-MCE-GGH, 2011 WL 775895 (E.D. Cal. Feb. 28, 2011). As lawyers, sometimes we are not the best number crunchers. After all, many of us pursued degrees in Political Science because there was very little math required. But, when fooling with CAFA, make sure your math is correct if you [...]
Read All ...Continuing Jurisdiction – You Can’t Always Get what you Want, or what you Need….
Posted in Case SummariesTaragan v. Nissan N. Am., Inc., No: C 09-03660 SBA, 2011 WL 941132 (N.D. Cal. March 16, 2011). After dismissal of class claims, it seems that both parties wanted to stay in federal court to decide the claims of the individual plaintiffs, but you can’t always get what you want, or even what you need. [...]
Read All ...“No, You Just Thought You Were a Defendant,” the Sixth Circuit Tells MERS
Posted in Case SummariesIn Re Mortgage Electronic Registration Systems, Inc., 680 F.3d 849 (6th Cir. 2012). Here, the plaintiff, Kathy Hanson, obtained a loan from America’s Wholesale Lender to purchase real property, and signed a mortgage with Mortgage Electronic Registration Systems (MERS) as the beneficial holder.
Read All ...You Know That Award for Most Boring Case Ever Written? Yeah, We Have a Winner.
Posted in Case SummariesBlackRock Fin. Mgmt. Inc. v. Segregated Account of AMBAC Assur., 673 F.3d 169 (2d Cir. 2012). Here is a rare appellate snoozer that we have boiled down for you.
Read All ...The First Circuit Rules That Federal Law Has Its Limits – Who Knew?
Posted in Case SummariesIn Re: Volkswagen and Audi Warranty, 2012 WL 3064844 (1st Cir. July 27, 2012). Plaintiffs nationwide sought to bring claims on behalf of all persons or entities in the United States who were current or former owners of several particular vehicles, alleging that the engines were defectively designed and that the defendants concealed the defects.
Read All ...Plaintiff’s Jurisdictional Allegations Were Cemented at the Time of Removal
Posted in Case SummariesHardig v. Certainteed Corp., 2012 WL 423512 (W.D.N.C. Feb. 9, 2012). The Western District of North Carolina held that a class complaint is cemented at the time of removal and that jurisdiction can’t be undone through “post hoc characterization.”
Read All ...99 Problems (But a “Mass Action” Ain’t One)
Posted in Case SummariesNevada v. Bank of America Corp., et al, 2012 WL 688552 (9th Cir. March 2, 2012). Nevada AG’s parens patriae suit fell 99 persons short of a 100 person “mass action” under CAFA and was remanded back to state court.
Read All ...Thorogood Tried 1 Bourbon, 1 Scotch, 1 Beer, and Got Slammed
Posted in Case SummariesThorogood v. Sears, Roebuck and Co., No. 10-2407, 2010 WL 4286367 (7th Cir. (Ill.) Nov. 02, 2010). Wanna tell you a story, About the house-man blues This story of house-main blues is about a dryer instead of being able to pay the rent.
Read All ...This Subprime Bubble Will Burst in State Court
Posted in Case SummariesMireles v. Wells Fargo Bank, N.A., et al, 2012 WL 84723 (C.D. Cal. Jan. 11, 2012). In an action brought by borrowers alleging fraudulent and negligent misrepresentation against national banks, a district court remanded the case to state court, finding that the defendants primarily failed to meet their burden to establish that this was a [...]
Read All ...Amend a Complaint to Add a Few Billion Dollars and a Few Thousand Plaintiffs and, Voila!, a Defendant’s Right to Remove is Revived (Say that last part five times fast).
Posted in Case SummariesMG Building Materials, Ltd. v. Paychex, Inc., 2012 WL 201725 (W.D.N.Y. Jan. 23, 2012). A district court in New York retained jurisdiction over an action, finding that when an amended complaint alters the very nature of a suit and virtually makes it a “new action,” the defendant’s right to remove is “revived.”
Read All ...State of South Carolina has a Real Interest in Making Sure its Citizens TV Viewing is Not Hampered by Price Fixing
Posted in Case SummariesSouth Carolina v. LG Display Co., Ltd., No. 3:11–cv–00729–JFA, 2011 WL 4344074 (D.S.C. Sept. 14, 2011) and South Carolina v. AU Optronics Corp., No. 3:11-cv-00731-JFA, 2011 WL 4344079 (D.S.C. Sept. 14, 2011). A District Court in South Carolina held that under a parens patriae action (that is a fancy law school word for a lawsuit brought by [...]
Read All ...Attorney Apparently Fails to Learn how to Discern Advertising Bullsh*! in Law School
Posted in Case SummariesBank v. Hydra Group, LLC, No. 10–4085–cv., 2011 WL 4494380 (2d Cir. Sept. 29, 2011). A California attorney, brought a putative class action against Hydra Group LLC, claiming that it sent him and others unsolicited commercial e-mail advertisements in violation of § 17529.5(a)(3) of the California Business & Professional Code. (Each night as I say my prayers [...]
Read All ...Plaintiff Apparently Fails to Learn how to Discern Advertising Bullsh*!
Posted in Case SummariesBank v. Hydra Group, LLC, No. 10–4085–cv., 2011 WL 4494380 (2d Cir. Sept. 29, 2011). A California plaintiff brought a putative class action against Hydra Group LLC claiming that it sent him and others unsolicited commercial e-mail advertisements in violation of § 17529.5(a)(3) of the California Business & Professional Code. (Each night as I say my prayers [...]
Read All ...Benefit Of Ambiguity In Complaint Goes To Defendant
Posted in Case SummariesStevenson v. Dollar Tree Stores, Inc., No. CIV S–11–1433 KJM DAD, 2011 WL 4928753 (E.D. Cal. Oct. 17, 2011). It makes sense that if you work at the dollar store, you are only going to get paid an dollar. Am I right? In this action, a District Court in California held that where there is little evidentiary [...]
Read All ...Student Insurance Sold to Stupid College Students does not Provide Coverage for Students Being Stupid.
Posted in Case SummariesKazlauskas v. United Healthcare Ins. Co., No. 11–2144, 2011 WL 4499001 (C.D. Ill. Aug. 16, 2011). Every now and then a CAFA related case comes across my desk that makes me think to myself (and sometimes out loud, what the hell?). This is one of those cases that made me take a minute out of my [...]
Read All ...Student Insurance Sold to College Students does not Provide Coverage for Students Being Stupid.
Posted in Case SummariesKazlauskas v. United Healthcare Ins. Co., No. 11–2144, 2011 WL 4499001 (C.D. Ill. Aug. 16, 2011). Every now and then a CAFA related case comes across my desk that makes me think to myself (and sometimes out loud, what the hell?). This is one of those cases that made me take a minute out of my [...]
Read All ...As Life Is Not Eternal, Injunction Also Cannot Run Ad Infinitum
Posted in Case SummariesAndrews v. Nationwide Mut. Ins. Co., No. 1:11 CV 1379, 2011 WL 5118309 (N.D. Ohio Oct. 26, 2011). Nationwide is NOT on your side, say the plaintiffs in this case. In this action, a District Court in Ohio held that if the court’s ruling requires a business establishment to change its business practice, then such [...]
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