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

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

Posted in Uncategorized

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 [...]

Read All ...

Remove Now, or Forever Hold Your Peace

Posted in Uncategorized

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.

Read All ...

Only Actual Named Parties Qualify As Plaintiffs

Posted in Uncategorized

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.

Read All ...

Standard Fire Versus Lowdermilk – The Debate Continues!

Posted in Uncategorized

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 [...]

Read All ...

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

Posted in Uncategorized

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 [...]

Read All ...

Doctrine of Comity Shaves off Jurisdiction of Federal Court

Posted in Uncategorized

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.

Read All ...

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

Posted in Uncategorized

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 [...]

Read All ...

An Unnamed Defendant Is Not A Party For Purposes of the “At Least 1 Defendant” Requirement for the Local Issue Controversy Exception

Posted in Uncategorized

Quicken Loans v. Alig, 2013 WL 6671618 (4th Cir. Dec. 19, 2013). The Fourth Circuit vacated an order of remand, holding that an unnamed defendant is not a party to the litigation, and thus, it was improper for the District Court to aggregate the unnamed defendant in a group for the purposes of the “at [...]

Read All ...

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 ...