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

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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.

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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 [...]

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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 [...]

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