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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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Private Attorney Suits not Removable under CAFA

Posted in Case Summaries

National Consumers League v Flowers Bakeries LLC, 2014 WL 1372642 (D.D.C. April 8, 2014). In an action brought by an organization on behalf of several consumers, the federal court remanded the action finding that a lawsuit brought as a private attorney does not meet the class action definition of CAFA. The National Consumers League filed […]

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Law of the Case Doctrine Controls Remand Decisions Too

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Stafford v Dollar Tree Stores Inc., 2014 WL 1330675 (E.D. Cal. March 27, 2014). The Eastern District (the transferee court) applied the law-of-the-case doctrine and refused to revisit motion to remand that was denied by the Central District (the transferor) finding that removal was appropriate under CAFA. The plaintiff brought this wage and hour class […]

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Urban Outfitters’ Amount-in-Controversy Calculations Fail to Meet Preponderance of the Evidence Standard

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Abdulhaq v. Urban Outfitters Wholesale, Inc., 2014 WL 2212119 (N.D. Cal. May 28, 2014). A district court in California remanded a case to the state court finding that the defendant’s attempt to show that the amount-in-controversy exceeded the jurisdictional threshold required the court to make assumptions that lacked evidentiary support, which did not meet the […]

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California District Court Refuses to Exercise Jurisdiction Once FLSA Claims Are Dismissed Because a Class of Twenty-One Does Not Meet CAFA’s Numerosity Criteria

Posted in Case Summaries

Locke v. American Bankers Ins. Co. of Florida, 2014 WL 2091346 (E.D. Cal. May 19, 2014). In a wage and hour action for violations of FLSA and California state laws, a district court in California refused to exercise jurisdiction over the action after the FLSA claims were dismissed, finding that a class of twenty-one does not […]

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District Court Holds Home State Exception Requires Evidence and Allows Discovery

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Roche v Aetna Health Inc., 2014 WL 1309963 (D.N.J. March 31, 2014). The plaintiff, New Jersey citizen, who was injured in a motor vehicle accident, brought a putative class action against five insurance defendants, Aetna Inc., Aetna Health Inc., Aetna Health Insurance Co., Aetna Life Insurance Co., and The Rawlings Company, LLC. The plaintiff claimed […]

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Louisiana district court denies local controversy exception based on lack of evidence

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Stewart v Ruston Louisiana Hosp Co., LLC., 2014 WL 1246139 (W.D. La. Mar. 25, 2014). A district court in Louisiana refused to entertain a motion to remand based on the local controversy exception finding that plaintiffs’ assertions are insufficient to meet the strict burden to establish that over two-thirds of the prospective plaintiffs were citizens […]

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CAFA jurisdiction allowed to be plead in second amended complaint

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In re LIBOR-Based Financial Instruments Antitrust Litig., 962 F. Supp. 2d 606 (S.D.N.Y. Aug. 23, 2013). A federal court in New York granted the plaintiffs’ motion to file second amended complaint in an antitrust class action to re-include the state law claims, and also retained jurisdiction under CAFA. This multidistrict litigation arose out of the […]

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

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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

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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

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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

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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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Federal Jurisdiction Under CAFA is Measured at the Time of Removal

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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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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)

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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

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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

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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

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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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