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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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Jurisdiction under CAFA Denied Because the Defendant Suffered From Foot in Mouth Disease

Posted in Case Summaries

Aparicio v. Abercrombie & Fitch Stores, Inc., 2014 WL 545795 (C.D. Cal. Feb. 10, 2014). A District Court in California remanded the case to the state court finding that the plaintiff relied on the defendant’s data to reach her settlement demand for $16 million; whereas the defendant refuted that it ever produced such a data.  […]

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Hart v. Rick’s NY Cabaret Intern., Inc., 2014 WL 301357 (S.D.N.Y. Jan. 28, 2014)

Posted in Case Summaries

Hart v. Rick’s NY Cabaret Intern., Inc., 2014 WL 301357 (S.D.N.Y. Jan. 28, 2014). In an action asserting Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) claims, the District Court found that, despite the FLSA claims, it had jurisdiction over NYLL claims, because the plaintiffs had sufficiently established the requirements under CAFA. […]

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Ullman v. Safeway Ins. Co., 2013 WL 7141522 (D.N.M. Dec. 31, 2013)

Posted in Case Summaries

Ullman v. Safeway Ins. Co., 2013 WL 7141522 (D.N.M. Dec. 31, 2013). In a personal injury action, the District Court ruled that diversity jurisdiction asserted by the insurance company could not be satisfied and remanded the case to the state court. The plaintiff, an insured in an automobile accident, filed a putative class action in […]

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A Plaintiff’s Dual Role as Class Counsel and Lead Plaintiff Did Not Divest a Federal Court of Its Jurisdiction

Posted in Case Summaries

Hoffman v. DSE Healthcare Solutions, LLC, 2014 WL 1155472 (D.N.J. March 21, 2014). A district court in New Jersey retained federal jurisdiction under CAFA, finding that under the Standard Fire principle, a plaintiff’s dual role as the class counsel and the lead plaintiff did not divest a federal court of its jurisdiction. The plaintiff filed […]

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Defendants’ Citation to State Actions Alleging Similar Claims Insufficient Evidence to Establish CAFA’s Amount in Controversy

Posted in Case Summaries

Hochstrassen v. Broadspire Servs., Inc., 2013 WL 5536465 (N.D.W. Va. Oct. 8, 2013). In this case, the district court held that defendants failed to establish CAFA’s amount-in-controversy requirement by citing state-court cases in which plaintiffs alleged similar invasion of privacy claims.  According to the district court, the damages awarded in those state cases were not […]

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PAGA Penalties Divided Among Employees and State of California May Not Be Aggregated To Satisfy CAFA’S Amount-In-Controversy Requirement

Posted in Case Summaries

Main v. Dolgen California, LLC, 13-01637, 2013 WL 5799019 (E.D. Cal. Oct. 28, 2013). In this case, a California district court remanded a putative class action after finding that plaintiffs’ individual recoveries under the California Labor Code’s Private Attorneys General Act (“PAGA”) could not be aggregated with civil penalties under the Act that inure to […]

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Red Light Means Stop! District Court Finds CAFA’s Amount in Controversy Is Sufficiently Demonstrated in Removal of Traffic Violation Fine Case

Posted in Case Summaries

Hung v. American Traffic Solutions, Inc., 2014 WL 1689303 (E.D. Mo. April 29, 2014). In an action brought on behalf of citizens of Missouri who had paid traffic violation fees, a district court in Missouri found that the allegations in the complaint were sufficient to satisfy the jurisdictional threshold considering that there were thousands of […]

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District Court Concludes that Plaintiff Failed to Plead Sufficient Facts to Establish Jurisdiction Under CAFA

Posted in Case Summaries

Hirmez v. GNC Holdings, Inc., 2014 U.S. Dist. LEXIS 72096 (S.D. Cal. May 27, 2014) A California district court dismissed a class action complaint for lack of subject matter jurisdiction. The court determined that the complaint contained insufficient factual allegations to establish not only the plaintiff’s citizenship, but also that the amount in controversy exceeded […]

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District Court Reconsiders Remand Order in Light of Rodriguez v. AT&T Mobility Servs. LLC

Posted in Case Summaries

Deaver v. BBVA Compass Consulting And Benefits, Inc., 2014 U.S. Dist. Lexis 72074 (N.D. Cal. May 27, 2014) The U.S. District Court for the Northern District of California (the “Northern District”) reconsidered its remand order in light of the Ninth Circuit’s ruling in Rodriguez v. AT&T Mobility Servs. LLC, 728 F.3d 975 (2013). In originally […]

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Plaintiffs’ Real Estate Transactions Cannot Be Considered for Purposes of Joinder Under Rule 20(a)

Posted in Case Summaries

Padron v. Onewest Bank, 2014 WL 1364901 (C.D. Cal. April 7, 2014). In this action, the District Court declined to exercise jurisdiction under CAFA because the plaintiffs could not show that all of their claims were a result of the same transaction, occurrence, or series of transactions or occurrences. One hundred and twenty-one plaintiffs joined […]

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Amount in Controversy adds up quickly even with individual claims of $32

Posted in Case Summaries

Hoffman v Country Life, 2013 WL 6095471 (D.N.J. Nov. 20, 2013). In this consumer fraud action, the District Court thwarted the plaintiff’s attempt to circumvent the CAFA’s class members’ definition by arguing that the amount-in-controversy should be limited to his solo purchase of a product, and retained subject matter jurisdiction. The plaintiff brought this putative […]

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Only 25% of PAGA Penalties–Sufficient to Satisfy the Amount in Controversy?

Posted in Case Summaries, Jurisdictional Amount

Controulis v. Anheuser-Busch, LLC, 2013 WL 6482970 (C.D. Cal. Nov. 20, 2013). The plaintiff, employed as a bottler by the defendant, Anheuser-Busch, LLC, brought an action alleging that the defendant violated California law by including the value of free beer in the regular rate of pay. The terms of the plaintiff’s employment were governed by […]

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Defendant’s Speculations Will Not Suffice for CAFA Jurisdiction

Posted in Case Summaries, Jurisdictional Amount

Woods v. CVS Pharmacy, Inc., 2014 WL 360185 (C.D. Cal. Jan. 30, 2014). A District Court in California remanded an action for failure to establish the amount in controversy holding that a defendant seeking removal of a putative class action must demonstrate, by a preponderance of evidence, that the aggregate amount in controversy exceeded the […]

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Plaintiff’s Facially Deficient Claims Cannot Be Considered for Purposes of the CAFA Amount in Controversy Determination

Posted in Case Summaries, Uncategorized

McDaniel v. Fifth Third Bank, 2014 WL 805508 (M.D. Fla. Feb. 28, 2014). In an action arising out of fraud and misrepresentation, the district court refused to retain subject matter jurisdiction under CAFA finding that it could not consider a facially deficient claim for the purpose of ascertaining the amount-in-controversy.

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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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