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Amount In Controversy Is Determined By Four Corners Of The Pleadings And There Is No Duty To Make Further Inquiry.

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Adams v. Toys ‘R’ Us, 2015 WL 395214 (N.D. Cal. Jan. 29, 2015). A district court in California denied remand finding that the allegations in the complaint were sufficient to assume an amount-in-controversy in excess of the jurisdictional minimum under CAFA. Plaintiff filed this class action on behalf of herself and at least 2000 purported […]

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Coordination Can Be Limited To Pre-Trial Purposes To Avoid CAFA’s Mass Action Jurisdiction

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Aiona v. Bayer-Healthcare Pharm., Inc., 2015 WL 293496 (N.D. Cal. Jan. 20, 2015) Where a petition for coordination unequivocally stated that coordination was sought only for pre-trial purposes and not for a joint trial, a district court in California found that the actions did not qualify as a mass action under CAFA. Plaintiffs filed a […]

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California Court Applies Dart Cherokee To Retain Jurisdiction Despite Evidentiary Objections

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Roa v. TS Staffing Servs., Inc., 2015 WL 300413 (C.D. Cal. 2015) A district court in California applied the ruling in Dart Cherokee Basin Operating Co. v. Owens, 135 S.Ct. 547 (2014), and retained jurisdiction over a plaintiff’s evidentiary objections to a notice of removal, finding that when a plaintiff does not challenge the underlying […]

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Claims Under California’s Private Attorneys General Act Not Subject To Removal Under CAFA, Says District Court

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Bailey v. Redfin Corp., 2015 WL 276849 (C.D. Cal. Jan. 21, 2015). Relying on the Ninth Circuit’s ruling in Baumann v. Chase Inv. Servs. Corp., 747 F.3d 1117, 1122 (9th Cir. 2014), a district court in the Central District of California held that claims under California’s Private Attorneys General Act (“PAGA”) cannot be a basis […]

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District Court In South Carolina Applies Local Controversy Exception

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Estate of Hanna, et al. v. Agape Senior, LLC, et al.,  2015 WL 247906 (D.S.C. Jan. 20, 2015). A district court in South Carolina applied CAFA’s local controversy exception in remanding a case to state court, holding that the plaintiff class sought “significant relief” from local defendants, whose actions formed a “significant basis” for the […]

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Class Action Remanded For Untimely Removal Where Amount In Controversy Could Have Been Timely Ascertained From State Court Pleadings

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Levanoff, et al. v. SoCal Wings LLC, et al., 2015 WL 248338 (C.D. Cal. Jan. 16, 2015). In Levanoff, a district court in California remanded the case to state court and held that a  notice of removal was untimely filed where the removing defendant could have ascertained the amount in controversy from the pleadings in […]

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District Court Affirms Magistrate Court’s Lack of Sua Sponte if Outside Scope of Its Referral

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Lowell v. Summer Bay Mgmt., L.C., 2014 WL 1092187 (E.D. Tenn. March 17, 2014). In an action, a Tennessee District Court adopted the magistrate judge’s recommendation, where he refused to dismiss a case sua sponte on the issue of subject matter jurisdiction.  The magistrate judge was of the view that when a case is referred […]

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District Court Allows Discovery to Proceed in Part for Plaintiff to Establish CAFA Jurisdiction

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Kanowitz v. Broadridge Fin. Solutions, Inc., 2014 WL 1338370 (E.D.N.Y. March 31, 2014). A district court in New York granted in part and denied in part a defendant’s motion to stay discovery while a motion to dismiss for lack of jurisdiction under CAFA was pending.  The District Court found that although the putative class satisfied […]

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District Court Holds Denial of Class Certification Deprives Action of CAFA Jurisdiction

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Karhu v. Vital Pharmaceuticals, Inc., 2014 WL 1274119 (S.D. Fla. March 27, 2014). A district court in Florida dismissed this action finding that it lacked subject matter jurisdiction after denial of a motion for class certification.  The court explained that the denial of certification meant that the plaintiff’s action was, from the beginning, inappropriate for […]

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New York Record Company’s Unpaid Interns Must Stay in Federal Court Following Removal Pursuant to CAFA Jurisdiction

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Henry v. Warner Music Group Corp., 2014 WL 1224575 (S.D.N.Y. March 24, 2014). In an action filed by an interns seeking unpaid wages, the District Court retained jurisdiction over the case finding, among many things, that the plaintiff had not demonstrated that more than two-thirds of the putuative class members were citizens of New York.  […]

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Court Can Take Judicial Notice of Prior Multi District Litigation to Find Number of Plaintiffs Satisfied for CAFA Jursidiction

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Downing v. Riceland Foods, Inc., 2014 WL 1316776 (E.D. Mo. Mar. 31, 2014). In an action filed by a group on behalf of all persons and entities that provided or paid for common benefit services or expenses for the defendant in prior Multi-District Litigation, the District Court took judicial notice that the MDL consisted of […]

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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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Plaintiff Cannot Maintain CAFA Jurisdiction Where Amount Stated In Controversy Isn’t Really in Controversy

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Reilly v. Amy’s Kitchen, Inc., 2014 WL 905419 (S.D. Fla. March 7, 2014). A District Court in Florida dismissed the plaintiff’s complaint finding that the general rule for CAFA jurisdiction that the amount-in-controversy is determined at the time a complaint is filed does not apply to cases where the plaintiff doesn’t have standing to pursue […]

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Remove Now, or Forever Hold Your Peace

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Lee v. Equifax Info. Servs., LLC, 2013 WL 6627755 (N.D. Cal. Dec. 16, 2013). In this action, the District Court remanded the case finding that when the initial complaint on its face shows enough characteristics sufficient for a federal jurisdiction, the defendant must remove it within 30-days after filing of that complaint.

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Only Actual Named Parties Qualify As Plaintiffs

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Miss. ex rel. Hood v. AU Optronics Corp., 2014 WL 113485 (U.S. Jan. 14, 2014). The United States Supreme Court remanded an action holding that the mass action provision of CAFA did not apply because the term “plaintiffs” refers to actual named parties as opposed to unnamed real parties in interest.

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Standard Fire Versus Lowdermilk – The Debate Continues!

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Trahan v. U.S. Bank, N.A., 2014 WL 116606 (N.D. Cal. Jan. 13, 2014). A District Court while denying a motion to remand opined that the preponderance of the evidence standard applied, and held that the legal certainty standard is not applicable in actions involving absent class members. The plaintiff brought an action on behalf of […]

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Jail Term Not a Bar For Jail Inmate’s Ability to Communicate

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Underwood v. Menfre, 2014 WL 67644 (M.D. Fla. Jan. 8, 2014). Aggrieved by her inability to write letters to her husband with sensitive, personal information, and send him inter alia photographs, drawings, and newspaper clippings, the plaintiff, whose husband was an inmate at the Flagler County Jail, Florida, brought an action challenging two policies of […]

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Doctrine of Comity Shaves off Jurisdiction of Federal Court

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Farneth v. Wal-Mart Stores, Inc., 2013 WL 6859013 (W.D. Pa. Dec. 30, 2013). A District Court in Pennsylvania remanded an action holding that the doctrine of comity applicable to state taxation cases restrains federal courts from entertaining claims for relief that risk disrupting state tax administration.

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Potential for Recovery in Excess of Jurisdictional Minimum is Not Sufficient to Establish Amount in Countroversy, Which

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Perritt v. Westlake Vinlys Co., LP, 2013 WL 6451774 (M.D. La. Dec. 9, 2013). A District Court in Louisiana granted the plaintiffs’ motions to remand holding that the mere potential for recovery in excess of the jurisdictional minimum was not sufficient to establish the amount in controversy, and that the defendants must show that it […]

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