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Category Archives: Case Summaries

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Missouri Court Applies CAFA’s Two-Thirds Citizenship Exception in Granting Remand

Posted in Case Summaries

Hood v. Gilster-Mary Lee Corp., 2015 WL 328409 (W.D. Mo. Jan. 26, 2015) A district court in Missouri granted a motion to remand finding that plaintiffs successfully established an exception to removal under CAFA. The Court relied on 28 U.S.C. § 1332(d)(4),which provides, in part, that a court shall decline to exercise jurisdiction over a […]

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Parties Ordered to Show Cause Why Suit Should Not Be Remanded, Despite Stipulation that the Action Satisfied CAFA Requirements

Posted in Case Summaries

Carroll v. Lowes Home Centers, Inc., 2014 WL 1928669 (S.D. Fla. May 6, 2014). A district court in Florida found that it lacked subject matter jurisdiction over the action after the plaintiff amended his complaint to remove those claims preempted by ERISA, and particularly after the court denied the motion for class certification.  The district court […]

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Plaintiffs Must Establish Initial Domicile for Continued Domicile to Be Presumed for Purposes of CAFA’s Local Controversy Exception

Posted in Case Summaries

Serrano v. Bay Bread, LLC, 2014 WL 1813300 (N.D. Cal. May 6, 2014). A district court in California found that the presumption of continuing domicile applies only after it has been established; because the plaintiffs failed to establish the initial domicile of the class members, continued domicile cannot be presumed for the purposes of local […]

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New Jersey’s exercise of its quasi-sovereign powers by way of filing parens patriae action is beyond the dominion of CAFA

Posted in Case Summaries

West Virginia ex rel McGraw v Bristol Myers Squibb Co., 2014 WL 793569 (D.N.J. Feb. 26, 2014). In this action, the District Court in New Jersey held that  For those unfamiliar with those types of actions, the District Court was kind enough to provide a footnote explaining parens patriae, literally “parent of the country,” is a […]

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The Face Of The Complaint Controls – Says Court To Plaintiff

Posted in Case Summaries

Orlander v. Staples, Inc., No. 13-703, 2013 WL 5863544 (S.D.N.Y. Oct. 31, 2013). In this case, the Southern District of New York retained subject matter jurisdiction under CAFA based on the rebuttable presumption that the face of the plaintiff’s complaint is a good-faith representation of the amount in controversy.

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Federal Jurisdiction Under CAFA is Measured at the Time of Removal

Posted in Case Summaries

Growitch v. Charter Communications, Inc., 2014 WL 1718737 (8th Cir. May 2, 2014). The Eighth Circuit held that a federal jurisdiction under CAFA is measured at the time of removal–the court does not lose its jurisdiction over the action merely because the district court found that complaint failed to state a sufficient claim for damages […]

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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

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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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