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CAFA Law Blog Information, cases and insights regarding the Class Action Fairness Act of 2005

Category Archives: Jurisdictional Amount

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Class Actions Solely Involving Claims Related to Securities Invoke CAFA Exception Depriving Courts of Subject Matter Jurisdiction

Posted in Case Summaries, Jurisdictional Amount

Rainero v. Archon Corporation, 2016 WL 7384031 (9th Cir. Dec. 21, 2016). The Ninth Circuit held it lacked federal question jurisdiction under 28 U.S.C.§ 1331 because the plaintiff did not assert a federal claim and the Securities Litigation Uniform Standards Act, 15 U.S.C. § 77p(d)(1)(A), did not provide an independent basis for federal question jurisdiction […]

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Defendant Meets the Legal Certainty Standard to Defeat Remand Challenge

Posted in Case Summaries, Jurisdictional Amount

Watson v. American National Property and Casualty Co, 2015 WL 5007967 (W.D. Penn. Aug. 20, 2015) The Court denied the plaintiff’s petition for remand, finding that the defendant met the legal certainty standard supporting federal jurisdiction in an action alleging that the defendant improperly rejected underinsured motorist (“UIM”) coverage for people that had been in […]

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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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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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Affirmative Defenses Have No Role in Determining the Amount in Controversy

Posted in Case Summaries, Jurisdictional Amount

Smith v. Manhattan Club Timeshare Association, Inc., 2013 WL 1955882 (S.D.N.Y. May 10, 2013). In this action, a District Court in New York held that affirmative defenses asserted on the merits could not be used to cut down the amount in controversy even where the complaint itself discloses the existence of a valid defense. In […]

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A Removing Party Should Identify Statutes That Permit Attorney’s Fees

Posted in Case Summaries, Jurisdictional Amount

Otay Hydraulics, Inc. v. Safety-Kleen Systems, Inc., 2013 WL 1773955 (C.D. Cal. April 25, 2013). In this matter, the plaintiff brought an action in the Los Angeles County Superior Court alleging that the defendant breached contracts with its California customers by charging unauthorized fuel surcharges and excessive fees. The defendants removed the action to the […]

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Setting the Edges: Defending Against Plaintiff End Runs Around CAFA

Posted in Jurisdictional Amount, Legal Publications and Articles

Edward S. Sledge, IV & Christopher S. Randolph, Jr., Setting the Edges: Defending Against Plaintiff End Runs Around CAFA, 80 Def. Couns. J. 178 (April 2013). In this article, Edward S. Sledge, IV, a shareholder at Maynard, Cooper & Gale, P.C. in Birmingham, Alabama, discusses the abusive practice that has allowed plaintiffs’ attorneys to evade […]

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Amount in Controversy Need Not Be Proved to Absolute Certainty

Posted in Case Summaries, Jurisdictional Amount

Stephenson v. Consolidated Rail Corp., 2013 WL 1750005 (D.N.J. April 23, 2013). The plaintiffs brought this class action in the Superior Court of New Jersey, Gloucester County, alleging that huge quantities of toxic, dangerous, and ultra-hazardous substances were released when defendants bridge collapsed and train derailed.  As a result, 700 individuals were forced to temporarily […]

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Ambiguity Goes In Favour Of The Non-Removing Party

Posted in Case Summaries, Jurisdictional Amount

Salazar v. Avis Budget Group, Inc., 2013 WL 1728275 (S.D. Cal. April 23, 2013). Plaintiffs, a group of mechanics, filed a putative wage-and-hour class action in the Superior Court of California, San Diego County.  Defendants quickly removed the action to the District Court under CAFA, and plaintiffs then filed their First Amended Complaint (“FAC”).  The […]

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Only Concrete Evidence Can Keep a Defendant’s Case Afloat Under CAFA’S Legal Certainty Standard

Posted in Case Summaries, Jurisdictional Amount, Wage and Hour

Bell v. Home Depot U.S.A., Inc., 2013 WL 1791920 (E.D.Cal. April 26, 2013). As amended by CAFA, 28 U.S.C. § 1332(d) vests district courts with original jurisdiction of any civil action in which the amount in controversy exceeds $5,000,000, the aggregate number of proposed plaintiffs is 100 or greater, and any member of the plaintiff […]

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