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Category Archives: Case Summaries

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The Allegations in the Complaint are Facially Sufficient to Establish an Amount-in-Controversy under CAFA

Posted in Case Summaries

In_re_Whole_Foods_Market__Inc, 2015 WL 5737692 (W.D. Tex. Sept. 30, 2015). The United States District Court, Western District of Texas (the “District Court”), denied two motions to remand finding the allegations in the respective complaints was facially sufficient to establish an amount-in-controversy under the Class Action Fairness Act (“CAFA”).

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West Virginia District Court Remands Putative Class Action because Defendants Failed to Establish the Requisite Amount in Controversy

Posted in Case Summaries

Crookshanks v. Healthport Technologics, LLC, 2016 WL4099296 (S.D. W.Va. Aug. 2, 2016). In Crookshanks v. Healthport Technologies, a district court in West Virginia remanded an action to state court because the defendants’’ calculation of the amount in controversy was insufficient to satisfy CAFA’’ s jurisdictional threshold. In this case, Crookshanks, representing himself and others similarly […]

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“Internal Affairs Doctrine” and the “Securities Exception” Requires District Court to Remand Securities-related Class Action

Posted in Case Summaries

Fannin v UMTH_Land Dev. L.P., CV 16-641-SLR, 2016 WL 7042078 (D. Del. Dec. 2, 2016) A Delaware district court, when faced with a putative class action whose claims fell solely and squarely within CAFA’s “internal affairs doctrine” and “securities exception,” had no choice but to remand the action to state court.

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Post-Removal Amendments Clarifying Citizenship of Class Members is Permissible

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In_re_Anthem_Inc_Data_Breach_Litigation, 129 F.Supp.3d 887 (N.D. Cal. 2015). The United States District Court, Northern District of California (the “District Court”) concluded post removal amendments clarifying the citizenship of class members was relevant to consider if a complaint met the minimal diversity requirement under the Class Action Fairness Act (“CAFA”) enabling the Federal Court to exercise jurisdiction […]

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Federal Court orders Limited Discovery to Ascertain the Citizenship of the Putative Class

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McMullen_v_Synchrony_Bank, 82 F.Supp.3d 133 (D. D. C. 2015). In this matter, the United States District Court for the District of Columbia (the “District Court”) ordered limited discovery to ascertain the citizenship of the putative class before deciding on a motion to remand.  In this action, the District Court found the evidence before it was insufficient […]

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CAFA’s Securities Exception Prevents Federal Jurisdiction Over the Action

Posted in Case Summaries

Eminence Investors, L.L. L.P. v. Bank of N.Y. Mellon, 782 F.3d 504 (9th Cir., 2015) The Ninth Circuit affirmed the District Court’s order remanding the action, finding that the CAFA’s securities exception prevented federal jurisdiction over the action. In this case, the plaintiff brought an action in California state court seeking to recover for the […]

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Courts Cannot Pierce The Pleadings Across Multiple State Court Actions To Look For Mass Action Jurisdiction

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 Eagle US 2, LLC v Abraham, 627 Fed.Appx. 351 (5th Cir. Dec. 11, 2015). In this action, the Fifth Circuit found that the “100-or-more-persons” requirement under the mass action provision of CAFA cannot be satisfied by piercing the pleadings across multiple state court actions filed by the plaintiffs’ lawyers, breaking up their client base into […]

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Non-Class Claims Cannot be Aggregated With Class Claims to Satisfy CAFA’s Amount-in-Controversy Requirement

Posted in Case Summaries

Yocupicio v. PAE Group , LLC; Arch Resources Group, LLC, 795 F.3d 1057 (9th Cir. 2015). In Yocupicio, the plaintiff, an employee, brought an action in state court alleging various workplace violations and failure to meet minimum wage requirements. The plaintiff alleged ten causes of action, nine of which were brought as class claims. The […]

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A Post-Removal Amendment to Elaborate on Estimates of the Percentages of Total Claims Asserted Against a Defendant is Permissible under CAFA

Posted in Case Summaries

Benko v. Quality Loan Serv. Corp., 789 F.3d 1111 (9th Cir., 2015) The Ninth Circuit found that a post-removal amendment to the complaint made not to eliminate a federal question (and thereby avoid federal jurisdiction), but made to elaborate on estimates of the percentage of total claims asserted against an in-state defendant is permissible under CAFA. […]

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Using an Amended Complaint to Clarify Jurisdictional Facts is an Exception to the General Rule that Courts Must Look at Pre-Removal Filings to Determine Jurisdiction

Posted in Case Summaries

Smilow, et al. v. Anthem Blue Cross Life and Health Insurance Co., 2015 WL 4778824 (C.D. Cal. Aug. 13, 2015). In this action, a district court in California found that a plaintiff’s motion to amend the complaint to change the class description so it referred to ‘citizens’ of California instead of ‘residents’ of California would […]

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Courts May Use Address as Proxy to Determine Citizenship of Putative Class Members

Posted in Case Summaries

Garcia v. Task Ventures LLC, 2016 WL 7093915 (S.D. Cal. Dec. 6, 2016). In this action granting the plaintiff’s motion to remand, a District Court in California found that under CAFA’s local-controversy exception, citizenship of the putative class members can be determined through a sampling method, and that the mailing addresses of the employees serves […]

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Internal Affairs Doctrine Dictates That The Law Of The State Of Incorporation Governs Claims For Breach Of Fiduciary Duty and Unjust Enrichment

Posted in Case Summaries

Schartz v Parish, 2016 WL 7231613 (N.D. Ill. Dec. 14, 2016). In this action, the United States District Court, Northern District of Illinois, granted Plaintiff Brian Schartz’s (“Plaintiff”) motion to remand finding the Class Action Fairness Act’s (“CAFA”) internal affairs doctrine applied to the Plaintiff’s Breach of Fiduciary duty  and Unjust Enrichment claims which were […]

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Partial Dismissal of Claims Results in Reconsideration of CAFA Jurisdiction Over Remaining Claim

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Truglio v. Planet Fitness, Inc., 2016 WL 4084030 (D.N.J. July 28, 2016). In this action, while dismissing the plaintiff’s claims in part, a District Court in New Jersey questioned whether it had subject-matter jurisdiction under CAFA over the plaintiff’s remaining claim and ordered the defendants to show cause as to why the action should not […]

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Amend All You Want, But The Case Stays In Federal Court, Says the Second Circuit.

Posted in Case Summaries

In Touch Concepts, Inc. v. Cellco P’ship, 788 F.3d 98 (2nd Cir. 2015). The Second Circuit held that a post-removal amendment dropping the class allegations does not divest a district court of the federal jurisdiction. In this case, the plaintiff was a former retail sales agent.  He brought a putative class action in the New York state […]

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California District Court Remands Putative Class Action Due to Defendant’s Failure to Provide Evidence to Support its Calculations of the Amount in Controversy

Posted in Case Summaries, Wage and Hour

Cisneros v. Lerner New York, Inc., 2016 WL 4059612 (C.D. Cal. July 25, 2016). Plaintiffs, Ana Ciseneros and Farank Safa, filed this putative class action in the Los Angeles County Superior Court against their employer, Lerner New York, Inc. (“Lerner”), alleging eight causes of action including, failure to provide accurate wage statements, failure to pay […]

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Removing Party Need Not Confess Liability To Show That The Controversy Exceeds CAFA’s Thresholds

Posted in Case Summaries

Reno Cova v. Charter Communications, 2016 WL 4368100 (E.D. Mo. Aug. 16, 2016) The District Court denied plaintiffs’ motion to remand, finding that a defendant is not required to admit the allegations in plaintiffs’ complaint, and thus deprive itself of potential defenses, to avail itself of a federal forum under CAFA. The plaintiffs, subscribers of […]

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Case Remanded Where Defendant Failed to Provide Sufficient Evidence to Satisfy CAFA’s Jurisdictional Amount in Controversy Threshold

Posted in Case Summaries, Wage and Hour

Dobbs v. Wood Group PSN, Inc., 2016 WL 4367218 (E.D. Cal. Aug. 16, 2016) The District Court found that the defendant did not satisfy CAFA’s jurisdictional amount-in-controversy threshold. The defendant failed to demonstrate by preponderance of the evidence that its assumption of imputing a 100 percent violation rate was justified. The Court granted the plaintiff’s […]

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A Removed Case Doesn’t Always Stay Removed – Jurisdictional Ping-Pong under the CAFA and 28 U.S.C. § 1447(c)

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Polo v. Innoventions Int’l, LLC, 833 F.3d 1193 (9th Cir. Aug. 18, 2016). The Ninth Circuit remanded this case removed under the CAFA back to state court by holding in part the maxim “a putative class action, once properly removed, stays removed” directly contradicts the statutory language of 28 U.S.C. § 1447(c), which requires: “If […]

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District Court Holds That Removal of Multiple Suits is Barred by the Forum Defendant Rule; However, Removal is Permissible under CAFA

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In Re Lipitor Marketing, Sales Practices and Products Liability Litigation, 2016 WL 7338594 (D.S.C. Nov. 21, 2016). In this multi-district litigation (“MDL”), while granting in part the plaintiffs’ motion to remand, the MDL court considered the Class Action Fairness Act of 2005’s (“CAFA”) prohibition on transfers and suggested the Judicial Panel on Multidistrict Litigation (“JPML”) […]

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“Local Controversy” Exception Demands Remand

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Vitale_v__DR_Horton__Inc_, CV No. 15-00312 DKW-KSC, 2016 WL 4203399 (D. Haw. Aug. 9, 2016) In Vitale v. D.R. Horton, Inc., a federal district court in Hawaii remanded a putative class action, one brought pursuant to the Class Action Fairness Act (“CAFA”), because CAFA’s “local controversy” exception demanded that the federal court decline to exercise its jurisdiction.

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Ninth Circuit Reverses District Court’s Remand Order Finding that Defendant’s Theory of Damages Reasonable

Posted in Case Summaries, Wage and Hour

Branch v. PM Realty Group, L.P., 647 Fed. App’x. 743 (9th Cir. 2016). In this case, the Ninth Circuit reversed a district court’s order remanding the action finding that the defendant’s assumption of the amount-in-controversy objectively established that the amount-in-controversy exceeded CAFA’s jurisdictional minimum.

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