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

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

Western District of Kentucky Analyzes CAFA’s Jurisdictional Requirements And Exceptions In Order Denying Remand

Posted in Uncategorized

Brown v. Paducah & Louisville Ry., Inc., 12-00818, 2013 WL 5273773 (W.D. Ky. Sept. 17, 2013) In this case, a Kentucky district court held that defendants in a putative class action arising out of a train derailment satisfied their burden of establishing CAFA’s minimal-diversity and amount-in-controversy requirements.  The court also found that, because two thirds [...]

Read All ...

Dissent in Dart Cherokee Basin Operating Co., LLC v. Owens Paves Way For Third Supreme Court CAFA Decision

Posted in Uncategorized

Dart Cherokee Basin Operating Co., LLC v. Owens, 730 F.3d 1234 (10th Cir. 2013), cert. granted, 134 S.Ct. 1788, 188 L.Ed. 2d 757 (2014)  In this appeal, four circuit judges – Judges Hartz, Kelly, Tymkovich, and Phillips – dissented from the Tenth Circuit’s refusal to grant rehearing with respect to a Tenth Circuit panel’s previous [...]

Read All ...

Approved Settlement of Federal and State Wage Claims Did Not Implicate CAFA

Posted in Uncategorized

Juvera v. Salcido, 2013 WL 6628039 (D. Ariz. Dec. 17, 2013) A District Court in Arizona granted approval to a $157,000 settlement holding that the Settlement Agreement reflected a fair and reasonable resolution of wage issues in the action. Current and former cashiers who were employed with the defendants brought this action alleging violations of [...]

Read All ...

Defendant’s Amount In Controversy Award Scrutinized for Time Barred and Other Inapplicable Damage Claims

Posted in Case Summaries, Uncategorized

Smith v. Lux Retail North America, Inc., 2013 WL 2932243 (N.D.Cal. June 13, 2013) In calculating damages, the defendant in this action had added damages that were outside the statute of limitations and otherwise inapplicable.  Rejecting the defendant’s calculations, a District Court in California remanded the action to state court.

Read All ...

News Flash!!! Supreme Court Reverses Burden of Proof on CAFA Removals!!

Posted in Uncategorized

News Flash!  News Flash!!!  Hot off the presses!!!  It’s finally happened.  Abrego, Lowedermilk, and all of the other cases interpreting the burden of proof in CAFA removals have been reversed!!  The plaintiffs now bear the burden of establishing  the nonexistence of minimal-diversity jurisdiction under CAFA.  We told you so all along. The plaintiffs!! Finally, someone bothered to [...]

Read All ...

Just in Off the Wire: Editors roll up their sleeves and issue this Special Report critiqing Evans

Posted in Uncategorized

This Special Report, promised in the CAFA Law Blog summary of Evans v. Walter Industries, Inc., 449 F.3d 1159, 2006 WL 1374688, No. 06-11974 (11th Cir. May 22, 2006), addresses the jurisdictional burden of proof findings in Evans.  Evans addresses the burden of proof issue under CAFA in two different respects.  First, Evans found (with no analysis) that [...]

Read All ...