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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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Estimation Of Potential Damages From The Complaint’s Allegations Is Acceptable For Establishing CAFA’s Amount In Controversy

Posted in Case Summaries

Heather v Air Methods Corporation, 2016 WL 7109675 (W.D. Okla. Dec. 6, 2016). The Western District of Oklahoma found that a defendant may rely on an estimate of the potential damages from the allegations in the complaint in order to meet its burden to establish the CAFA’s amount in controversy requirement. In Heather, the plaintiffs brought […]

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CAFA Does Not Trump Valid Forum Selection Clause

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Bartels v. Saber Healthcare Group, LLC, 2016 WL 6237811 (E.D.N.C. Oct. 25, 2016) A District Court in North Carolina remanded this putative class action after finding a forum selection clause, which limited venue to a geographic location that did not encompass a federal district court, effectively waived the right to remove to federal court. The District […]

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A Removing Defendant Under CAFA Is Not Required To Allege Facts In Its Notice Of Removal Showing The Inapplicability Of The Local Controversy Exception

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Henry Hernandez v. Sysco Corp., 2017 WL 358021 (N.D. Cal., Jan. 25, 2017) In this wage and hour class action, while denying the plaintiff’s motion to remand, a District Court in California found that it was the plaintiff’s burden to show that the local controversy requirement applied, not the defendants’ burden to show that it did […]

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Fraudulent Misjoinder Requires ‘Egregious’ Misjoinder, Rather Than ‘Mere Misjoinder’

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Tanya Dotson v. Bayer Corporation, 2017 WL 35706 (E.D. Mo. Jan. 4, 2017). In granting plaintiffs’ motion to remand, a District Court in Missouri found that the doctrine of fraudulent misjoinder did not support subject matter jurisdiction over an action against the manufacturers of a medical device because the joinder of a non-diverse plaintiff was […]

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Ninth Circuit Remands Action Based Upon CAFA’s Local Controversy Exception

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 Allen v. Boeing Co. 2016 WL 2586334 (9th Cir. May 5, 2016). The Ninth Circuit found that the plaintiffs’ complaint sufficiently alleged that the plaintiffs sought significant relief from the local defendant.  The plaintiffs therefore satisfied the requirements CAFA’s local controversy exception to divest the federal court of its jurisdiction.  The Ninth Circuit affirmed the District Court’s […]

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Plaintiff’s Unrefuted Evidence Regarding Citizenship Of Putative Class Members Required Remand Under CAFA’S Home-State Exception

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Reddick v. Global Contact Solutions, LLC, No. 15-425, 2015 WL 5056186 (D. Or. Aug. 26, 2015) In this wage-payment dispute, the court remanded the case under CAFA’s home-state exception, 28 U.S.C. § 1332(d)(4)(B), based on plaintiff’s unrebutted evidence that over 97.5% of the absentee class members were citizens of the forum state, Oregon.

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Pay Your Class Counsel! The Lodestar Method Is Available to Calculate Attorney’s Fees in Coupon Settlements

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Levitt v. Sw. Airlines Co. (In re Sw. Airlines Voucher Litig.), 799 F.3d 701 (7th Cir., 2015) The Seventh Circuit ruled that when the class members receive their relief in their entirety in a settlement due to the class counsel’s efforts, the class counsel should be compensated accordingly. The Seventh Circuit found the CAFA gives […]

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No Remand Where Plaintiff Cannot Show to a Legal Certainty that a $5 Million Recovery by Defendant is Impossible

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Dammann v. Progressive Direct Insurance Company, 2015 WL 9694633 (D. Minn.  Nov. 20, 2015). A magistrate judge found that when a defendant meets its burden to plausibly show that the amount in controversy exceeds the $5 million jurisdictional threshold under CAFA, the plaintiff must then show to a legal certainty that if the plaintiff prevails […]

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District Court Holds That Amount In Controversy Can Be Proven By A Reasonable Chain Of Logic Flowing From The Allegations Of The Complaint

Posted in Case Summaries, Uncategorized

Clay v. Chobani LLC, 2015 WL 4743891 (S.D. Cal. Aug.10, 2015). In this action, a District Court declined to remand the action to state court finding that the defendants had satisfied their burden of proof by showing a reasonable chain of logic based on the allegations of the complaint and sufficient evidence to establish that […]

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When the Amount in Controversy is Disputed, the Propriety of Remand Comes Down to Math

Posted in Case Summaries, Uncategorized

Windom v. BorgWarner, Inc., 2014 WL 10290888 (S.D. Miss. Oct. 17, 2014). In an action brought by clients against their former attorneys, the district court found that, in determining the amount in controversy in a mass action, the punitive damages claims of the putative class cannot be aggregated to meet the jurisdictional requirement and that, […]

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JPML Remands Mass Actions to their Original Federal Courts after Transferee Court’s Finding that Removal Was Proper Solely on CAFA Grounds

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In re Darvocet, 106 F.Supp.3d 849 (E.D. Ky. May 15, 2015). In this pharmaceutical multi-district litigation (“MDL”), the plaintiffs sued several drug manufacturers, alleging that the now-withdrawn prescription pain drug Darvon, its generic version propoxyphene, and Darvocet, a combination of Darvon and acetaminophen, caused heat injury. The cases were consolidated and were centralized in an […]

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Seventh Circuit Holds CAFA Permits Lodestar Method to Calculate Attorneys’ Fees in Coupon Settlements

Posted in Case Summaries

In re Sw.  Airlines Voucher Litig., 799 F.3d 701 (7th Cir. 2015). In In re Southwest Airlines Voucher Litigation, the Seventh Circuit held that the “coupon settlement” provision of CAFA, 28 U.S.C. § 1712, permits a district court to award attorneys’ fees to class counsel based on the lodestar method, rather than the value of […]

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Defendant’s Unreasonable Amount in Controversy Calculation Warranted Remand to State Court

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Sloan v. Soul Circus, Inc., 2015 WL 9272838 (D.D.C. Dec. 18, 2015). The district court remanded the action after the defendant based its amount in controversy calculation on a misinterpretation of the plaintiff’s class definition.  The district court found that under the Dart framework, the defendant failed to show by a preponderance of the evidence […]

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Amend and Try Again: Plaintiff Granted Leave to Amend to Clarify Citizenship of Class Members for Purposes of Removal under CAFA

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Turner v. Corinthian International Parking Services, Inc., 2015 WL 7768841 (N.D. Cal. Dec. 3, 2015). A district court granted the plaintiff a chance to amend the complaint to clarify on the citizenship of the class members to ascertain whether the case was removable under CAFA.  In doing so, the Court relied on the Ninth Circuit’s […]

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Certain claims carry a presumption as to amount-in-controversy that will lead directly to federal court

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Robertson v Exxon Mobil Corp., 2015 WL 9592499 (5th Cir. Dec. 31, 2015). In a personal injury and a property damage action, the Fifth Circuit reversed the district court’s order remanding the action finding that the defendants had by preponderance of evidence shown that at least one plaintiff’s claim exceeded $75,000. Specifically, the Fifth Circuit […]

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Fifth Circuit weighs in on ambiguous class definition

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Arbuckle Mountain Ranch of Texas Inc v Chesapeake Energy Corporation, Case No. 15-10955, 2016 WL 98128 (5th Cir. Jan 7, 2016). In a 2-1 decision, the Fifth Circuit examined an ambiguous complaint suggesting two class definitions, (one a narrow definition and another containing a broad definition) and held that if the pleadings entirely lean towards a […]

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More than Declarations are Required for Evidence of CAFA Jurisdiction

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Emmons v Quest Diagnostics Clinical Labs Inc, 2014 WL 584393 (E.D. Cal. Feb. 12, 2014). In this action, the federal court refused to accept the defendants’ attempt to establish amount-in-controversy exceeded $5 million through a declaration by one of its employees, finding that the declarations were not enough evidentiary support to retain jurisdiction under CAFA. […]

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Home State Exception Unsuccessful in California

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Swearingen v Yucatan Foods LP, 2014 WL 553537 (N.D. Cal. Feb. 7, 2014). In an action brought by the consumers of nationwide class, the district court denied the defendant’s challenge of the federal jurisdiction based on home state exception finding that the choice of law analysis was inappropriate at the pleadings stage, and refused to […]

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Amendment after Removal does not divest CAFA Jurisdiction

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Rivas v Terminix Intl Co., 2013 WL 6443381 (N.D. Cal. Dec. 9, 2013). In this action, a California federal court reaffirmed the oft-repeated finding that when a class action is properly removed, a subsequent amendment of the complaint to delete class allegations did not divest the district court of its original jurisdiction, and refused to […]

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A Controversy No Matter How Local, Must Be Established With Evidence

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Mandragon v Capital One Auto Finance, 2013 WL 6183001 (9th Cir. Nov. 27, 2013). In this action, the Ninth Circuit refused the plaintiff’s request that the class definition was sufficient to establish a local controversy exception, and that a requirement of evidence showing that the two-thirds of the class members were in fact California citizens, […]

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CAFA Coupon Settlements Must Be Approved

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Fouks v Red Wing Hotel, 2013 WL 6169209 (D. Minn. Nov. 21, 2013). The district court in Minnesota finally approved a coupon settlement in terms stipulated in CAFA, but reduced the award for the class representatives, and deferred the award of attorneys’ fees after the redemption period of voucher was complete. The plaintiff filed this […]

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