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

Category Archives: Wage and Hour

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California Waiting Time Penalties May Benefit Employers in Establishing the Amount in Controversy

Posted in Case Summaries, Wage and Hour

Mackall v. Healthsource Global Staffing, Inc. Case No. 16-cv-03810 (N.D. Cal. Sept. 2, 2016). A district court in California found that allegations of wilful failure to timely pay wages are sufficient to support estimations of waiting time penalties at a 100% rate. The plaintiff, Karen Mackall, filed this putative class action in the Superior Court […]

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PAGA Penalties Cannot Be Used to Reach CAFA’s Amount-in-Controversy Requirement

Posted in Case Summaries, Wage and Hour

Henry Chen, et al. v. United Talent Agency, LLC, et al., 2017 WL 946642 (C.D. Cal. March 10, 2017). A class action filed in state court was remanded by the U.S. District Court in California because the court found that the removing defendant improperly relied on PAGA penalties and anticipated but un-accrued attorney’s fees to […]

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Defendant’s Second Notice of Removal Timely and Proper due to Relevant Change in Circumstances caused by Supreme Court’s Decision in Standard Fire

Posted in Case Summaries, Wage and Hour

Taylor v. Cox Communications California, LLC, 2016 WL 7422717 (9th Cir. Dec. 23, 2016). The Ninth Circuit affirmed the District Court’s order denying the plaintiff’s motion to remand, finding that the defendant’s second notice of removal was timely and proper, particularly when the plaintiff did not provide the defendant with any “other paper” necessary to […]

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A Removing Defendant Is Not Obligated To Research, State, And Prove The Plaintiff’s Claims

Posted in Case Summaries, Wage and Hour

Ritenour v. Carrington Mortgage Services LLC, 2017 WL 59069 (C.D. Cal.  Jan. 5, 2017). In this action, while denying the plaintiffs’ motion to remand, a district court in California, found that  the defendant only needs to offer evidence sufficient to establish that CAFA’s amount-in-controversy requirement was met by a preponderance of the evidence and was not obligated […]

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California District Court Remands Putative Class Action Due to Defendant’s Failure to Provide Evidence to Support its Calculations of the Amount in Controversy

Posted in Case Summaries, Wage and Hour

Cisneros v. Lerner New York, Inc., 2016 WL 4059612 (C.D. Cal. July 25, 2016). Plaintiffs, Ana Ciseneros and Farank Safa, filed this putative class action in the Los Angeles County Superior Court against their employer, Lerner New York, Inc. (“Lerner”), alleging eight causes of action including, failure to provide accurate wage statements, failure to pay […]

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Case Remanded Where Defendant Failed to Provide Sufficient Evidence to Satisfy CAFA’s Jurisdictional Amount in Controversy Threshold

Posted in Case Summaries, Wage and Hour

Dobbs v. Wood Group PSN, Inc., 2016 WL 4367218 (E.D. Cal. Aug. 16, 2016) The District Court found that the defendant did not satisfy CAFA’s jurisdictional amount-in-controversy threshold. The defendant failed to demonstrate by preponderance of the evidence that its assumption of imputing a 100 percent violation rate was justified. The Court granted the plaintiff’s […]

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Ninth Circuit Reverses District Court’s Remand Order Finding that Defendant’s Theory of Damages Reasonable

Posted in Case Summaries, Wage and Hour

Branch v. PM Realty Group, L.P., 647 Fed. App’x. 743 (9th Cir. 2016). In this case, the Ninth Circuit reversed a district court’s order remanding the action finding that the defendant’s assumption of the amount-in-controversy objectively established that the amount-in-controversy exceeded CAFA’s jurisdictional minimum.

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A Removing Defendant Under CAFA Is Not Required To Allege Facts In Its Notice Of Removal Showing The Inapplicability Of The Local Controversy Exception

Posted in Case Summaries, Wage and Hour

Henry Hernandez v. Sysco Corp., 2017 WL 358021 (N.D. Cal., Jan. 25, 2017) In this wage and hour class action, while denying the plaintiff’s motion to remand, a District Court in California found that it was the plaintiff’s burden to show that the local controversy requirement applied, not the defendants’ burden to show that it did […]

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Plaintiff’s Unrefuted Evidence Regarding Citizenship Of Putative Class Members Required Remand Under CAFA’S Home-State Exception

Posted in Case Summaries, Wage and Hour

Reddick v. Global Contact Solutions, LLC, No. 15-425, 2015 WL 5056186 (D. Or. Aug. 26, 2015) In this wage-payment dispute, the court remanded the case under CAFA’s home-state exception, 28 U.S.C. § 1332(d)(4)(B), based on plaintiff’s unrebutted evidence that over 97.5% of the absentee class members were citizens of the forum state, Oregon.

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Pay Your Class Counsel! The Lodestar Method Is Available to Calculate Attorney’s Fees in Coupon Settlements

Posted in Case Summaries, Wage and Hour

Levitt v. Sw. Airlines Co. (In re Sw. Airlines Voucher Litig.), 799 F.3d 701 (7th Cir., 2015) The Seventh Circuit ruled that when the class members receive their relief in their entirety in a settlement due to the class counsel’s efforts, the class counsel should be compensated accordingly. The Seventh Circuit found the CAFA gives […]

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Amend and Try Again: Plaintiff Granted Leave to Amend to Clarify Citizenship of Class Members for Purposes of Removal under CAFA

Posted in Case Summaries, Wage and Hour

Turner v. Corinthian International Parking Services, Inc., 2015 WL 7768841 (N.D. Cal. Dec. 3, 2015). A district court granted the plaintiff a chance to amend the complaint to clarify on the citizenship of the class members to ascertain whether the case was removable under CAFA.  In doing so, the Court relied on the Ninth Circuit’s […]

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More than Declarations are Required for Evidence of CAFA Jurisdiction

Posted in Case Summaries, Wage and Hour

Emmons v Quest Diagnostics Clinical Labs Inc, 2014 WL 584393 (E.D. Cal. Feb. 12, 2014). In this action, the federal court refused to accept the defendants’ attempt to establish amount-in-controversy exceeded $5 million through a declaration by one of its employees, finding that the declarations were not enough evidentiary support to retain jurisdiction under CAFA. […]

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Law of the Case Doctrine Controls Remand Decisions Too

Posted in Case Summaries, Wage and Hour

Stafford v Dollar Tree Stores Inc., 2014 WL 1330675 (E.D. Cal. March 27, 2014). The Eastern District (the transferee court) applied the law-of-the-case doctrine and refused to revisit motion to remand that was denied by the Central District (the transferor) finding that removal was appropriate under CAFA. The plaintiff brought this wage and hour class […]

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Urban Outfitters’ Amount-in-Controversy Calculations Fail to Meet Preponderance of the Evidence Standard

Posted in Case Summaries, Wage and Hour

Abdulhaq v. Urban Outfitters Wholesale, Inc., 2014 WL 2212119 (N.D. Cal. May 28, 2014). A district court in California remanded a case to the state court finding that the defendant’s attempt to show that the amount-in-controversy exceeded the jurisdictional threshold required the court to make assumptions that lacked evidentiary support, which did not meet the […]

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California District Court Refuses to Exercise Jurisdiction Once FLSA Claims Are Dismissed Because a Class of Twenty-One Does Not Meet CAFA’s Numerosity Criteria

Posted in Case Summaries, Wage and Hour

Locke v. American Bankers Ins. Co. of Florida, 2014 WL 2091346 (E.D. Cal. May 19, 2014). In a wage and hour action for violations of FLSA and California state laws, a district court in California refused to exercise jurisdiction over the action after the FLSA claims were dismissed, finding that a class of twenty-one does not […]

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Plaintiffs Must Establish Initial Domicile for Continued Domicile to Be Presumed for Purposes of CAFA’s Local Controversy Exception

Posted in Case Summaries, Wage and Hour

Serrano v. Bay Bread, LLC, 2014 WL 1813300 (N.D. Cal. May 6, 2014). A district court in California found that the presumption of continuing domicile applies only after it has been established; because the plaintiffs failed to establish the initial domicile of the class members, continued domicile cannot be presumed for the purposes of local […]

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Jurisdiction under CAFA Denied Because the Defendant Suffered From Foot in Mouth Disease

Posted in Case Summaries, Wage and Hour

Aparicio v. Abercrombie & Fitch Stores, Inc., 2014 WL 545795 (C.D. Cal. Feb. 10, 2014). A District Court in California remanded the case to the state court finding that the plaintiff relied on the defendant’s data to reach her settlement demand for $16 million; whereas the defendant refuted that it ever produced such a data.  […]

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

Posted in Uncategorized, Wage and Hour

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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PAGA Penalties Divided Among Employees and State of California May Not Be Aggregated To Satisfy CAFA’S Amount-In-Controversy Requirement

Posted in Case Summaries, Wage and Hour

Main v. Dolgen California, LLC, 13-01637, 2013 WL 5799019 (E.D. Cal. Oct. 28, 2013). In this case, a California district court remanded a putative class action after finding that plaintiffs’ individual recoveries under the California Labor Code’s Private Attorneys General Act (“PAGA”) could not be aggregated with civil penalties under the Act that inure to […]

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District Court Reconsiders Remand Order in Light of Rodriguez v. AT&T Mobility Servs. LLC

Posted in Case Summaries, Wage and Hour

Deaver v. BBVA Compass Consulting And Benefits, Inc., 2014 U.S. Dist. Lexis 72074 (N.D. Cal. May 27, 2014) The U.S. District Court for the Northern District of California (the “Northern District”) reconsidered its remand order in light of the Ninth Circuit’s ruling in Rodriguez v. AT&T Mobility Servs. LLC, 728 F.3d 975 (2013). In originally […]

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

Posted in Uncategorized, Wage and Hour

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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