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Category Archives: Case Summaries

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A Plaintiff’s Motion to Amend is Not Operative for Removal Purposes

Posted in Case Summaries

Chapin v. Whitecap Investment Corp., 2014 WL 656971 (D.V.I. Feb. 20, 2014). The plaintiffs in this matter are St. John property owners.  The plaintiffs brought this action against defendants, Whitecap Investment Corp. and Paradise Lumber, in the Superior Court of the Virgin Islands alleging breach of contract, breach of warranty, negligence, strict product liability, and [...]

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Federal Jurisdiction Retained in Declaratory Judgment Action Where Value of Relief Was Measured in Medical Bills

Posted in Case Summaries

South Florida Wellness, Inc. v. Allstate Ins. Co., 2014 WL 576111 (11th Cir. Feb. 14, 2014). The Eleventh Circuit held that, where a health care provider merely sought a declaration that the insurance policy did not clearly state that the defendant would limit the statutory fee, such a declaration would only open doors to insureds [...]

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Are You Ready for Some Football?

Posted in Case Summaries, Jurisdictional Amount

Greco v. Jones, 2014 WL 177410 (N.D. Tex. Jan. 16, 2014). In this case, the plaintiffs, 237 ticket holders to Super Bowl XLV, brought an action alleging that they were denied, relocated, delayed seating, and/or, redirected to seats with obstructed views.  The plaintiffs asserted claims for breach of contract, fraudulent inducement and concealment, negligent misrepresentation, [...]

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Affirmative Defenses Have No Role in Determining the Amount in Controversy

Posted in Case Summaries, Jurisdictional Amount

Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in controversy even where the complaint itself discloses the existence of a valid defense. In [...]

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District Courts Have Authority to Stay Remand Orders in Order to Facilitate Appeal

Posted in Case Summaries

Raskas v. Johnson & Johnson, 2013 WL 1818133 (E.D. Mo. April 29, 2013). In this action, a District Court in Missouri held that it had authority to stay its own remand order.  The plaintiffs brought an action under the Missouri Merchandising Practices Act.  The plaintiffs alleged that the defendants placed expiration dates on their medications, [...]

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A Removing Party Should Identify Statutes That Permit Attorney’s Fees

Posted in Case Summaries, Jurisdictional Amount

Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc., 2013 WL 1773955 (C.D. Cal. April 25, 2013). In this matter, the plaintiff brought an action in the Los Angeles County Superior Court alleging that the defendant breached contracts with its California customers by charging unauthorized fuel surcharges and excessive fees. The defendants removed the action to the [...]

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Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014).

Posted in Case Summaries

Lemy v. Direct General Finance Co., 2014 WL 903371 (11th Cir. March 10, 2014).  The Eleventh Circuit upheld the District Court’s denial of motion to remand, finding that when the percentage of recovery from a foreign defendant far exceeds the percentage of recovery from the local defendant, then significant relief is not being sought from the local [...]

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Vogle v. Archstone Communities, LLC, 2014 WL 463532 (C.D. Cal. Feb. 5, 2014)

Posted in Case Summaries

Vogle v. Archstone Communities, LLC, 2014 WL 463532 (C.D. Cal. Feb. 5, 2014)  A District Court in California refused to exercise federal jurisdiction by aggregating the claims against two defendants.  The District Court found that, under CAFA, aggregation of claims against the defendants is permitted only when the defendants were one legal entity, and there [...]

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Ninth Circuit’s Lowdermilk’s Legal Certainty Standard is Irreconcilable with Standard Fire

Posted in Case Summaries

Rodriguez v. AT&T Mobility Services, LLC, 2013 WL 4516757 (9th Cir. Aug. 27, 2013). The Ninth Circuit’s decision that Lowdermilk’s imposition of the legal certainty standard was clearly irreconcilable with Standard Fire is a boon to defendants seeking to remove cases to federal court under CAFA.  (Editor’s Note: See the CAFA Law Blog analysis of Lowdermilk [...]

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Amount in Controversy Need Not Be Proved to Absolute Certainty

Posted in Case Summaries, Jurisdictional Amount

Stephenson v. Consolidated Rail Corp., 2013 WL 1750005 (D.N.J. April 23, 2013). The plaintiffs brought this class action in the Superior Court of New Jersey, Gloucester County, alleging that huge quantities of toxic, dangerous, and ultra-hazardous substances were released when defendants bridge collapsed and train derailed.  As a result, 700 individuals were forced to temporarily [...]

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Ambiguity Goes In Favour Of The Non-Removing Party

Posted in Case Summaries, Jurisdictional Amount

Salazar v. Avis Budget Group, Inc., 2013 WL 1728275 (S.D. Cal. April 23, 2013). Plaintiffs, a group of mechanics, filed a putative wage-and-hour class action in the Superior Court of California, San Diego County.  Defendants quickly removed the action to the District Court under CAFA, and plaintiffs then filed their First Amended Complaint (“FAC”).  The [...]

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Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard

Posted in Case Summaries, Jurisdictional Amount

Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013). As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds $5,000,000, the aggregate number of proposed plaintiffs is 100 or greater, and any member of the plaintiff [...]

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Forum Shopping May Not Qualify as Bad Faith

Posted in Case Summaries

Deaver v. BBVA Compass Consulting & Benefits, Inc., 2013 WL 2156280 (N.D. Cal. May 17, 2013). The U.S. District Court for the Northern District of Florida determined whether the Supreme Court’s recent decision in Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) rendered the District Court’s earlier decision in Lowdermilk v. U.S. [...]

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District Court Can Stay Its Remand Order Pending Appeal

Posted in Case Summaries

Dalton v. Walgreen Co., 2013 WL 2367837 (E.D. Mo. May 29, 2013). Staying its remand order to facilitate the defendant to prefer an appeal, the U.S. District Court for the Eastern District of Missouri held that it had jurisdiction to reopen the case for the limited purpose of staying the remand order, because to hold [...]

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Limited Liability Companies Are like Corporations for Purposes of Determining Citizenship under CAFA

Posted in Case Summaries

Heckemeyer v. NRT Missouri, LLC, 2013 WL 2250429 (E.D. Mo. May 22, 2013). The U.S. District Court for the Eastern District of Missouri held that Congress chose to treat limited a limited liability company (“LLC”) like a corporation for purposes of determining citizenship under CAFA; thus, an LLC is deemed to be a citizen of [...]

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