Class Action Fairness Act Blog Archives

Home > Site Map >

Case Summaries

September 2, 2010 6:30 AM CAFA Is Eternal, Only If Class Action Is Properly Removed
September 1, 2010 6:30 AM CAFA Precedence Applied to Non CAFA Case
August 31, 2010 6:30 AM Pleadings At The Time Of Removal And Not Subsequent To Are Relevant To Determine CAFA Jurisdiction
August 30, 2010 6:30 AM Security Cases Are Not Secured Under CAFA
August 27, 2010 5:30 AM Plaintiff's Refusal to Stipulate Amount in Controversy is not Evidence that the CAFA Amount in Controversy Requirement Has Been Met.
August 26, 2010 6:30 AM Buy Your Drugs From Local Dealers to Avoid Federal Court.
August 25, 2010 6:55 AM Cappuccitti Decision (and Logic) Considered and Rejected by California District Court
August 25, 2010 6:30 AM District Court Closed The Doors To Claims Over Pre-Closure Of Policies
August 24, 2010 6:30 AM There's No Place Like the Neighborhood (Unless the Neighborhood is Federal Court) for this CAFA Case Against Applebee's.
August 23, 2010 6:30 AM Toys Received Show Cause Notice For Erroneous Estimation Of Damages
August 20, 2010 6:30 AM CAFA's Diversity Jurisdiction Requires Proper Allegations, Says Illinois District Court.
August 19, 2010 6:30 AM Ohio Joins CAFA's Eternity Group.
August 18, 2010 7:35 AM Tenth Circuit Exercises its Discretion and Allows BP to Appeal the District Court's Remand Order under CAFA.
August 18, 2010 6:30 AM Do Not Discover The "Nerve Center," Says Louisiana District Court.
August 17, 2010 6:30 AM Corporations Can Have Principal Places Of Business, Not Domiciles; Says California District Court.
August 16, 2010 9:55 AM Petition for Rehearing filed in Cappuccitti v. DirecTV case
August 16, 2010 6:30 AM Meritor Suspension System Unhinged Again!
August 13, 2010 6:30 AM Continued Jurisdiction Under CAFA Does Not Depend On Certification.
August 12, 2010 6:30 AM No CAFA Issue - No Interlocutory Appeal.
August 11, 2010 6:30 AM Security Cases Are Not Secure In District Court.
August 10, 2010 6:30 AM Last Known Address is the Best Way of Ascertaining Citizenship.
August 9, 2010 6:30 AM Wanna Avoid CAFA? Have a Forum Selection Clause.
August 6, 2010 6:30 AM CAFA Requires Typicality In Damages, Not Typical Claims.
August 5, 2010 6:30 AM Significant Defendant need not be Significantly Named in the Class Definition.
August 4, 2010 6:30 AM Although this Mass Action was Remanded on the Local Controversy Exception, There is a Practice Pointer: If You have a Misjoinder Argument, You Better Urge It in the Notice Of Removal.
August 3, 2010 6:30 AM CAFA Takes A Back Seat In Sovereignty Driven Action
August 2, 2010 7:34 AM State Prefers State Court; The California District Court Says, No Problem.
July 30, 2010 6:30 AM New Claims And New Plaintiffs Start A Fresh Journey (At Least in Texas
July 29, 2010 7:47 AM "Internal Affairs" Expunges CAFA Jurisdiction
July 28, 2010 6:30 AM You Can Appeal, If We Let You!
July 27, 2010 6:30 AM CAFA: The Little Jurisdiction that Could
July 26, 2010 6:30 AM Pop Goes the Weaver!...Back to State Court
July 25, 2010 8:54 PM Guest Post: More Musings on Cappuccitti from Eleventh Circuit Practitioners Eric Jon Taylor and Jon Chally
July 22, 2010 3:31 PM Seismic Alert: 11th Circuit Upends Existing Landscape of CAFA Subject Matter Jurisdiction
July 22, 2010 6:30 AM Get Real or Get Remanded. West Virginia Denies Remand of State's Parens Patriae Case.
July 21, 2010 6:30 AM CAFA Serves the Class-less
July 20, 2010 6:30 AM Ninth Circuit Says Don't Count Punitives If Punitives Can't Be Awarded
July 19, 2010 6:30 AM Pennsylvania District Court Sends Case to a Land Down Under
July 16, 2010 6:30 AM Gradeless and Loudermilk Don't Make the Grade
July 15, 2010 7:53 AM Inventors' Sales Pitch for Remand Falls Flat in Federal Court.
July 13, 2010 10:19 AM Well, at Least the 4th Circuit Can Stop a Leak
June 27, 2010 12:42 PM CAFA Causing Tension In The Eleventh Circuit - Recent Decision Says Prior Case Full of Dicta (And Not Even Persuasive Dicta)
June 25, 2010 6:30 AM Love May Not Be Eternal, But CAFA Is; It Does Not Disappear On Denial Of Class Certification.
June 24, 2010 6:30 AM CAFA's Amount In Controversy Depends On Defendant's Ability To Identify Class Members.
June 23, 2010 6:30 AM Facts Concerning CAFA's Home-State Controversy Exception Are Discoverable.
June 22, 2010 6:30 AM Eating Good in CAFA's Neighborhood
June 21, 2010 6:30 AM Got a State as a Plaintiff? Can you Remove it Under CAFA?
June 18, 2010 6:30 AM Cloud On CAFA Jurisdiction When It Is Unclear That Out-Of-State Defendant Is A Primary Defendant.
June 17, 2010 6:30 AM Limited Liability Company Is An "Unincorporated Association" For The Purpose Of CAFA.
June 16, 2010 6:30 AM Don't Speculate! Just Prove It!
June 15, 2010 6:30 AM Show Me The Money! And Show Me The People! To Retain A CAFA Jurisdiction, Says the District Court.
June 14, 2010 6:30 AM CAFA Exception Bars Jurisdiction Over Federal Courts For Claims Seeking To Enforce The Terms Of Instruments Creating And Defining Securities.
June 4, 2010 6:30 AM Watch Out for Those Hidden Charges the Next Time You Buy a Pre-Paid Calling Card
June 3, 2010 6:30 AM Lack Of Subject Matter Jurisdiction? -- No Hurry To Seek Remand.
June 2, 2010 6:30 AM Courtesy of CAFA: State Court Is Free From Swine Waste Odor. Shouldn't We All Be?
June 1, 2010 6:30 AM Drivers Take A U-Turn To State Court For Their Training-Pay.
May 28, 2010 6:30 AM Case Slipped From Federal Court For Failure To Seek Class Certification On Time
May 27, 2010 6:30 AM Prospective Court Reporters Are Unwelcome In District Court.
May 26, 2010 6:30 AM Wanna Retain Your Case In State Court? Sue A Rich Local Defendant!
May 25, 2010 6:30 AM CAFA Not Available To Tax Assessment Challenges.
May 24, 2010 6:30 AM Pleadings Are Sacrosanct For CAFA Jurisdiction; Not Arguments.
May 21, 2010 6:30 AM 'Quiet Title Case' Calmly Remained In Federal Court: CAFA's 'Local Controversy' Exception Did Not 'Significantly' Affect It
May 20, 2010 6:30 AM Where Are the People? And Where Is The Money? Asks A Magistrate Judge.
May 19, 2010 6:30 AM Florida District Court Takes Revenge on Federal Express for Canceling its Sponsorship of the Orange Bowl.
May 18, 2010 6:30 AM Desperately Seeking (Susan) Remand Under One of CAFA's Exceptions? Then Invoke Them in the Motion.
May 17, 2010 6:30 AM CAFA Trumps ILSA's Bar To Removal.
May 14, 2010 6:30 AM Uninsured Or Under-Insured Motorists Did Not Get Coverage In District Court.
May 13, 2010 8:23 AM CAFA Breaks New Ground with the COC Slap!
May 13, 2010 6:30 AM District Court Declares that Only the Defendant Can Remove Under CAFA; Not the Plaintiff Or the Counter-Defendant.
May 12, 2010 6:30 AM The Plaintiffs' Improper Request for Damages Put the Brakes on the Defendants' Calculation of the Amount in Controversy
May 11, 2010 6:30 AM The Amount Claimed In The Complaint And Not What You Are Entitled to Recover is What Determines CAFA Jurisdiction.
May 10, 2010 6:30 AM Bankruptcy Of A Co-Defendant Does Not Bar The Non-Debtor Defendant From Removing Under CAFA.
May 8, 2010 6:30 AM According to the Seventh Circuit, a Counter Defendant Is Not A 'Defendant' Under CAFA; Thus, Class Action Counterclaims Cannot Be Removed.
May 7, 2010 6:30 AM Northern District of California Finds Wang Too Big to Let Go. Allows Post-Removal Evidence to Defeat Remand.
May 6, 2010 6:30 AM Rooker-Feldman Doctrine That Prevents Federal Adjudication Of Any Claim That Seeks To Invalidate State Court Judgments Applies To CAFA.
May 5, 2010 6:30 AM Attorney's Fees and Coupon Settlements Don't Always Mix Well.
May 4, 2010 6:30 AM Failure To Distinguish Among Defendants As To Liability, Makes A Foreign Corporation A Primary Defendant
May 3, 2010 6:30 AM Securities Litigation Is Not A Mass Action; So No CAFA.
April 30, 2010 6:30 AM Who is the Simple One Here? Plain Old Monkey Math Saves the Day
April 29, 2010 6:30 AM "Smile You Son of a Bitch!" You can Hear Chief Brody Say It When You Read this CAFA Case of How The 1st Circuit Determined Jurisdiction Is Not Necessarily Lost When The Complaint Does Not Sufficiently Define A Proposed Class.
April 28, 2010 6:30 AM Remand, And Not Dismissal, Is Appropriate When A District Court Lacks Subject Matter Jurisdiction In A Removed Action, Says Ninth Circuit.
April 27, 2010 6:30 AM CAFA does NOT apply Retroactively, Unless Special Circumstances are Met. In Louisiana and in the Fifth Circuit Braud and Abshire Control the Commencement Issue.
April 26, 2010 6:30 AM Amount in Controversy and Simple Math Gain Jurisdiction Again!
April 23, 2010 6:30 AM If Amount in Controversy is at Issue, Then Be Clear on How You Calculate It.
April 21, 2010 6:30 AM COUNTRYWIDE KEEPS IT IN FEDERAL COURT. . .
April 20, 2010 6:30 AM TBD
April 18, 2010 6:30 AM And Then There Were Seventy-Five
April 16, 2010 6:30 AM "Mass-ive" Headache Caused by CAFA in Bayer Liability Action
April 15, 2010 6:30 AM COME ON GUYS, LET'S KEEP IT CLEAN. .
April 14, 2010 6:30 AM The CAFA Removal That Didn't Know So Much
April 13, 2010 6:30 AM Want to Assert Home State Controversy? Then Choose Your Words Carefully! Seeking to Hold a Foreign Corporation Directly Liable Is a Problem.
April 7, 2010 10:38 AM In New York it's Official, SIZE MATTERS - to a Legal Certainty!
April 6, 2010 8:08 AM Home Improvers Get Called on the Carpet for Waffling on Damages
April 2, 2010 6:30 AM If Math Ever Makes a Return to the LSAT, Here are Two Questions that Probably Won't Appear: Does 1=100? Does 99=100?
April 1, 2010 6:30 AM "Bad to the Bone" - Judge Posner Meets the Destroyers
March 31, 2010 6:30 AM What Triggers the CAFA Removal Clock? Oral Ruling On Amendment Of Complaint or the Filing Of Order Memorializing The Oral Ruling?
March 30, 2010 6:30 AM Who Is A Primary Defendant For CAFA's Home State Controversy Exception? Missouri District Court Says, Look At The Complaint.
March 28, 2010 3:29 PM Kansas Cell-Phone Numbers And Kansas Mailing Addresses Do Not Make You A Kansas Citizen, Says the Seventh Circuit.
February 23, 2010 6:30 AM No Blue Skies For Allstate When It Tried To Remove Case From Seattle State Court
February 22, 2010 6:30 AM CAFA Meets Jamster: Kill the Crazy Frog!!
February 19, 2010 6:30 AM WTH! A CAFA Case on Texting (Not Sexting)
February 18, 2010 6:30 AM The Removal Clock...What Starts the Ticking?
February 17, 2010 6:30 AM If You Want to Remove Under CAFA, Then You Must Use the Plaintiff's Own Words Against Him.
February 16, 2010 6:30 AM Remember Those Bikes with the Banana Seat?
February 15, 2010 6:30 AM Do not try the old bait and switch on the Fifth Circuit
February 12, 2010 6:30 AM Hushpuppies-in-Controversy Not A CAFA Prerequisite
February 11, 2010 6:30 AM Migration Patterns of Classmemberia putativus Not Needed (But Helpful) to Meet CAFA's Home State Exception
February 10, 2010 6:30 AM CAFA's Uncommon Goodness.
February 9, 2010 6:30 AM CAFA Has No Retroactive Effect: Colorado District Court Says It Has No Original Jurisdiction Under CAFA If Post CAFA Amendment Bringing New Class Claims Relate Back To Pre CAFA Action
February 8, 2010 10:00 AM CAFA Is Not Applicable To A Previously Filed Suit, Even If Class Certification Is Sought Or Claims Revived For Deceased Plaintiffs After Its Commencement, Says Fifth Circuit
February 4, 2010 8:56 AM Domicile, Not Residency, Is The Central Question In Determining Citizenship For Diversity Jurisdiction Under CAFA, Says California District Court
February 3, 2010 11:24 AM Once There's CAFA, There's Always CAFA: Seventh Circuit Says Jurisdiction Not Ousted By Lack of Class Certification
February 2, 2010 5:03 PM In Louisiana, the Deceased Vote; in New York the Deceased Expand CAFA's Home-State Exception Reach Further.
December 11, 2009 6:30 AM $5 Million?? That's a Large Threshold . . . Or is it?
December 10, 2009 6:30 AM Move Along - Nothing New Here
December 9, 2009 6:30 AM Mobile Phone Content Developer (And Its Counsel) Get Slammed for Taking Two Bites at the Removal Apple
December 8, 2009 6:30 AM Can A District Court Have Just a "Little Bit" of CAFA Jurisdiction?
December 7, 2009 6:30 AM Read with Care, Contents of CAFA are Too HOT to Handle!
December 4, 2009 6:30 AM Hey, My Screw Doesn't Speak English!
December 3, 2009 6:30 AM The Seventh Circuit Is Still At It - Another "Commencement" Case
December 2, 2009 6:30 AM It's Official: Size Matters. At Least in New York.
October 23, 2009 6:30 AM If It Walks Like a Defendant, Quacks Like a Defendant, Looks Like a Defendant, It Must Be a Defendant. WRONG!
October 22, 2009 6:30 AM Where's Jimmy Carter When You Need Him?
October 21, 2009 6:30 AM ABCs of CAFA and Weight Loss
October 15, 2009 6:30 AM Jersey? What exit?
October 14, 2009 6:30 AM I Won't Pay. I Know Too Much About Extortion -Tony Soprano.
October 13, 2009 8:57 AM Jurisdictional Burden of Proof Explained...at least for the Ninth Circuit.
September 24, 2009 6:30 AM CAFA Jurisdiction Cannot Live By Arithmetic Alone
September 16, 2009 12:17 PM Really!?! Another Commencement Case?
September 11, 2009 8:50 AM The Goobers® at Nestle® Find Themselves in a Hot Pocket® Stickier than a Melted Laffy Taffy®...
September 10, 2009 6:30 AM How 'bout That Break, Boss??
September 9, 2009 6:30 AM Remove 'Em If You Got 'Em - Severance Of 3,400 Trials Is Not Dangerous To The Health of CAFA Removal of Tobacco Mass Actions.
September 4, 2009 6:30 AM HYUNDAIS, HYUNDAIS, HYUNDAIS...WE GOT 'EM...YOU WANT 'EM...COME GET YOURS TODAY MISSOURIANS...(but get a lawyer, cause technically we're not authorized to sell 'em)
September 3, 2009 6:30 AM Not So Fast My Friend...
September 2, 2009 6:30 AM Just Read the Requirements-You Must Meet Them All... Yes -It Is That Simple ...
September 1, 2009 6:30 AM Instead of Going to Hooter's at the Beach on Labor Day, Read the CAFA Law Blog Labor Day Reading List Instead!
August 31, 2009 6:30 AM A NSFW Post:
August 28, 2009 6:30 AM If You Love Something, Let It Go. If It Comes Back to You, It's Yours Forever. If It Doesn't, Then It Was Never Meant to Be - Anonymous (Actually some guy whose girlfriend left him for another guy).
August 27, 2009 6:30 AM A case of CAFA FAIL
August 26, 2009 6:30 AM Plaintiffs Plead Their Way out of State Court - - What Happened to the Art of Artful Pleading?!?
August 25, 2009 6:30 AM Do You Like Spades, Bid-Whist, Bridge, etc.. . . . Well, CAFA Is Not Your Trump Card in Federal Court.
August 24, 2009 6:30 AM Subprime Loans, Mortgage Brokers and Ponzi Schemes....a Sign of the Times. BUT, the CAFA Law Blog Thinks There are Brighter Days Ahead!
August 21, 2009 6:30 AM CAFA Isn't Just a One Hit Wonder for the Ring Tone Companies
August 20, 2009 6:30 AM WWALD (What Would Ann Landers Do ??) - CAFA Style
August 19, 2009 6:30 AM CAFA-E! Exclusive: Morris Schneider Gets Outed for Swinging Both Ways ...Not That There's Anything Wrong with That!
August 18, 2009 6:30 AM CAFA Stole Their Lunch Money and Ran!
August 17, 2009 6:30 AM A Couple of Quick Case Notes
August 14, 2009 6:30 AM My Neck, My Back...Not Even A Close Call, Take That!
August 13, 2009 6:30 AM When is a Mass not a Mass? When it is Seven State Court Actions, Each with Less than 100 plaintiffs.
August 12, 2009 6:30 AM Get the Funk Out!
August 11, 2009 6:30 AM Dentists in Puerto Rico Bite Off More Than They Can Chew!
August 10, 2009 6:30 AM Hungry? Why wait? Take a Break and Take a Bite!
August 7, 2009 6:30 AM Replace Magenta Cartridge? I Don't Even Use Magenta: HP Printers Keep Jamming in Federal Court
August 6, 2009 6:30 AM Who Bears the Burden on Exceptions?
August 5, 2009 6:30 AM MOLDY DOMICILE - Court Finds No Minimal Diversity for CAFA Purposes When Out-of-State Limited Partnership Owns and Operates a New York Apartment Complex
August 4, 2009 6:30 AM When You Come to a Fork in the Road, Take It. Northern District of Illinois Muddies the Post-Denial of Class Certification CAFA Jurisdictional Waters.
August 3, 2009 6:30 AM The Most Boring CAFA Law Blog Post You Will Ever Read
July 31, 2009 6:30 AM Federal Courts Picking Up Ford's Good Vibrations; No Word on Excitations
July 29, 2009 6:30 AM Oklahoma: Where the Class Actions Proceed Against the Poor Defendants Indeed.
July 28, 2009 6:30 AM Candy is Dandy but Liquor is Quicker, and So is Removal under CAFA with a Preponderance Standard
July 27, 2009 6:30 AM Allstate Was In "Good Hands" When Its Attorneys' Successfully Argued That Denial Of Class Certification Does Not Divest A Federal Court Of Subject Matter Jurisdiction Under CAFA.
July 24, 2009 6:30 AM You're in Grandma's World Now!
July 23, 2009 6:30 AM Dueling Interpretations for Dual Citizenship of National Banks
July 22, 2009 6:30 AM CAFA Used To Be Indecisive, Now It's Not So Sure: The "HE SAID-SHE SAID" Of Jurisdictional Discovery.
July 21, 2009 6:30 AM So Many Possible Titles, We Couldn't Select Just One
July 20, 2009 6:30 AM So Funny I Forgot to Laugh
July 17, 2009 6:30 AM Dual Citizenship Does Not Give You a CAFAteria Pass to Eat at the Buffet in Federal Court
July 16, 2009 6:30 AM Securities Regulation..a Road Bump to Removal
July 15, 2009 6:30 AM Top Guns Brought Out to Prove Amount in Controversy, But the 1st Circuit Rules It a Draw!
July 14, 2009 6:30 AM You Wouldn't Think Something Called "Minimal" Would be that Difficult
July 13, 2009 6:30 AM A Quantum of Solace for CAFA
July 10, 2009 6:30 AM Pinching Pennies? Click Here to Save Up to 20% on Your Cell Phone Bill!
July 9, 2009 6:30 AM Come See the Softer Side of CAFA!
July 8, 2009 6:30 AM Are You Bad with Math? In the World of CAFA, Being an Attorney Is No Excuse.
July 7, 2009 6:30 AM Evidence = Good; Half Insect/Half Man = Bad
July 6, 2009 6:30 AM The Biggest CAFA Losers! What Have You Done Today To Make CAFA Proud?
July 3, 2009 9:46 AM Seventh Circuit Opinion Shows That "Commencement" Issue Still Litigated Several Years After CAFA Became Law
June 22, 2009 9:43 AM Luck Runs Out for Irish, Twice: Flood Victims' Case Removed to Federal Court under CAFA because Defined Class was Entire Town.
June 19, 2009 10:10 AM Outdated Addresses Come Back to Haunt Plaintiffs Seeking Remand on Local Controversy Exception
June 18, 2009 6:30 AM Toto We're Not in Kansas Anymore! Federal Court is Not Powerful Enough to Stop a "Rural" Southern Louisiana State Action - Even with CAFA's Help!
June 17, 2009 6:30 AM Insurance Dispute Gets Remanded Because Plaintiff Chiropractic Outfit Ain't Got No Class (Allegations).
June 16, 2009 6:30 AM CAFA Removal Epic: An Elegant and Moving Example of the Three-Act Play
June 15, 2009 6:30 AM Landmark Decision! Court finds CAFA "required reading for all who engage in class-action litigation."
June 12, 2009 6:30 AM Put on That Bikini and Do a Keg Stand Because It's That Time Again:
June 11, 2009 6:30 AM Freebird Flies to Sweet Home Kansas State Court
June 10, 2009 6:30 AM Louisiana Is Serious About Its Oysters (and CAFA)
June 9, 2009 6:30 AM Airplane Food Defendant May Be Grounded in State Court in Wage Action
June 8, 2009 6:30 AM "Show Me the Money" - By a Preponderance of the Evidence!
June 5, 2009 6:30 AM Remand Decision A Pain In The Neck To Insurers Sued By Chiropractor
June 4, 2009 6:30 AM Minnesota District Court Flushed Jani-King Franchisees' Home State Controversy Argument Down The Toilet
June 3, 2009 6:30 AM Wal-Mart Gets Extra-Sweet Treatment in California
June 2, 2009 6:30 AM Defendants' CAFA Argument Goes Limp ...The Long and Short of Sterility and Bananas
June 1, 2009 6:30 AM Sir . . . the CAFA Jurisdiction, sir. It appears to be... jammed!
May 29, 2009 6:30 AM Dead is Dead, or, Federal Court Jurisdiction is Dead on Remand.
May 28, 2009 6:30 AM Look Into My Crystal Ball, and See What Your Future Holds...
May 27, 2009 6:30 AM Investors Check In, But They Don't Check Out Of Either Their Roach Motel Investment or Federal Court in this CAFA "Mass Action" Exception Case.
May 26, 2009 3:18 PM Groundbreaking CAFA Precedent---Class Action Counterclaim Defendants Successfully Remove Under CAFA
May 26, 2009 6:30 AM Quadrupling Your Client's Potential Liability: The Newest, Trendiest Way to Get Federal Jurisdiction For Old Claims Under CAFA
May 19, 2009 12:40 PM Double Your Pleasure - Double Your Fun - CAFA Style?
May 10, 2009 4:20 PM Some free advice to plaintiffs looking for a federal court exit strategy by claiming the amount in controversy is less than $5,000,000--learn to count. P. S. The magistrate judge already did.
April 1, 2009 12:56 PM News Flash!!! U.S. Supreme Court Reverses Burden of Proof on CAFA Removals!!
March 16, 2009 6:30 AM Sprint Drops the Call and the Ball, Only Giving Refunds to "Dropped Call Credit Ninjas," in this CAFA Commencment Case.
March 13, 2009 6:30 AM No CAFA for You! Hertz is Driven Back to State Court.
March 11, 2009 6:30 AM Plaintiff's Silence Can Be Deadly For Defendant Attempting to Establish Requisite Amount in Controversy For CAFA Removal Jurisdiction.
March 10, 2009 6:30 AM What'chu talkin' 'bout, Cashcall?
March 9, 2009 6:30 AM We're Still Watching Your Shorts, and Oh, Have They Been Busy....
March 6, 2009 6:30 AM FINALLY, a reason to share Weird Al with CAFA LAWBLOG readers.
February 18, 2009 6:30 AM Let's Talk Dirty in Hawai'ian, CAFA Style
February 17, 2009 12:41 PM Sixth Circuit Rejects Effort to Divide and Conquer and Avoid CAFA jurisdiction.
February 3, 2009 6:30 AM National Bank May be a Citizen of Two States When Measuring Diversity Under CAFA
February 2, 2009 6:30 AM Chief Judge Easterbrook Disses Ninth Circuit's Reading Skills: CAFA Does Trump Anti-Removal Provision in Securities Act.
January 29, 2009 6:30 AM Sorry, Chad, You Might Have CAFA Jurisdiction, But You're Still a Ding Dong!!
January 28, 2009 6:30 AM CAFA is BOOTYlicious! The Curious Case of Levy v. Keystone.
January 27, 2009 6:30 AM "Other Paper" Jam: Lexmark International's Removal was Untimely by Two Years Because Damages Calculation Provided at Mediation Was Notice of CAFA Amount In Controversy.
January 22, 2009 6:30 AM Evil Corn: CAFA Horror Tale. The Little Story of Webb v. Riceland Foods.
January 21, 2009 6:30 AM Party Tells Judge, Hurry Up and Rule on CAFA Jurisdiction; Judge Tells Party, Hurry Up and Produce Some Evidence
January 20, 2009 6:30 AM UPS Gets Shipped Back to State Court After Appeal Under CAFA Fails to Deliver!
January 15, 2009 6:30 AM I Just Want the Fax Ma'am, Just the Fax!
January 14, 2009 6:30 AM News Flash: NY District Court says Stolen Laptop Causes Mad Cow Disease.
January 13, 2009 6:30 AM Sorry Nationwide . . . the District Court Just Wasn't on Your Side, Finding no CAFA Jurisdiction for This Putative Class Action.
January 12, 2009 6:30 AM Who Says You Can't Go Home? Local Controversy Exception Sends Insurance Dispute Packing.
January 8, 2009 6:30 AM Forget What You've Learned, Three is NOT the Magical Number; $5 Million is.
January 7, 2009 6:30 AM You're in Good Hands in Federal Court with Allstate.
January 6, 2009 6:30 AM Home Depot Fails to Build a Claim Under CAFA and Gets Hammered Back to State Court.
January 5, 2009 6:30 AM Time is on Their Side: Plaintiffs Get Another Shot at Jurisdiction in this CAFA Case.
December 31, 2008 6:30 AM Out, Ad Damnum Spot!
December 29, 2008 6:30 AM Martha Gets Another Last Laugh: Court Denies Class Certification, Then Dismisses For Lack of Jurisdiction Under CAFA.
December 23, 2008 6:30 AM I Guess They Thought The Cameras Were Off!
December 22, 2008 6:30 AM Resort Rental Company Sailed Away to Federal Court Because Plaintiff Failed to Consider CAFA Removal
November 17, 2008 6:30 AM We're Not Worthy - CAFA Loser Style.
November 13, 2008 6:30 AM Plaintiff Sues Whirlpool over Washing Machines; Whirlpool Gives CAFA Removal a Spin; Court Says Plaintiff's Motion to Remand is All Washed Up
November 12, 2008 6:30 AM Aviation Cabin Cleaning Company Filed Sloppy Notice of Removal
November 10, 2008 6:30 AM Want a Stock Tip? Be Wary of Viatical Settlement Investments, At Least If You're Trying To Remove under CAFA.
November 6, 2008 6:30 AM No Dropped Call When Amount in Controversy Satisfied in California Cell Phone Case.
November 5, 2008 6:30 AM The Critics Are Right; Video Games Are Dangerous To Your Health.
November 4, 2008 6:30 AM Dow Chemical Cannot Get Removal Under CAFA to Stick.
October 30, 2008 6:30 AM Jésus Hates Federal Court. Really, He Does.
October 28, 2008 6:30 AM Don't Be a Namby Pamby! Negotiate Your Own Amount in Controversy for CAFA Removal
October 24, 2008 6:30 AM Hearsay, Shmearsay. When I Said There Were 70 Potential Plaintiffs What I Meant Was 126.
October 23, 2008 6:30 AM Federal District Court says: "Defendant . . . You are the Beast of Burden" to Show Removal Jurisdiction under CAFA"
October 22, 2008 6:30 AM Spend a Grand or Two at Cartier, and Don't Forget to Use That $100 Credit Your Attorneys Won for You!
October 20, 2008 6:30 AM Class Definition Can Be The Determinative Factor in Deciding CAFA Diversity Jurisdiction
October 17, 2008 8:34 AM CAFA Used to Maintain a Non-Class Case in Federal Court!
October 16, 2008 6:30 AM Little Case for Some Red Hot CAFA Lipstick.
October 15, 2008 6:30 AM Plaintiff Gets His Bic Flicked on a CAFA Removal in California.
October 14, 2008 6:30 AM If You Do Not Establish Amount in Controversy in CA on a CAFA Removal, You Go Directly to Jail (State Court), Do Not Pass Go, and Do Not Collect $200.
September 18, 2008 6:30 AM Just Because I Asked for Punitive Damages Doesn't Mean I Wanted Punitive Damages
September 17, 2008 6:30 AM Eastern District of Louisiana Says "No Go, Noto," Refusing to Remand CAFA Case Back to State Court on Timeliness Issue.
September 16, 2008 6:30 AM The Court Found That the "Fax" Didn't Prove CAFA Jurisdiction, Putting This Case Back on the Midnight Train to Georgia State Court.
September 15, 2008 6:30 AM Manny, Moe and Jack get the CAFA lube job!
September 11, 2008 6:30 AM Guest Commentary: Fourth Circuit to Decide Whether to Let AT&T Pull Up Its Shorts Class Action to Federal Court
September 10, 2008 6:30 AM "Love the One You're With" . . . Perhaps AOL Should Have Taken a Page From Stephen Stills in This One. . .
September 9, 2008 6:30 AM Short Case From Small State! Rhode Island Handles CAFA Amount in Controversy Standard.
September 8, 2008 6:30 AM Another "Show Me the Money" Moment Brought to You by Northern District of CA in this Amount in Controversy Case.
September 4, 2008 6:30 AM The 7th Circuit Refuses to Follow Animal Farm in the Less is More Debate of 1453(c)(1).
September 3, 2008 6:30 AM Take Your Burden Seriously! Defendants Sent Back to State Court for Livin' on a Prayer
September 2, 2008 6:30 AM Plaintiff Gets on That 707 with Plans of Rridin' High, but That Big Ol' Jet Airliner Won't Carry Her Too Far Away.
August 28, 2008 6:30 AM In This Remand Attack on Mattel and Fisher-Price, CAFA Law Blog Says, "Lead, Schmead!"
August 27, 2008 6:30 AM We were at the Beach. Everybody had Matching Towels. Somebody went under a Dock, and There They saw a Post. But It wasn't Really a Post. It was a We're Not Worthy Post
August 26, 2008 6:30 AM Judge Says, "Chew on This!" in Disapproving Settlement in Smokeless Tobacco Class Action
August 25, 2008 6:30 AM Court Denies Absurd Attorney's Fee Demand on Worthless Settlement.
August 21, 2008 6:30 AM You May Not Lose Weight on Akavar, But You May Be In Federal Court if You Sue.
August 20, 2008 6:30 AM Second Circuit Finally Decides Question of Appellate Review of Remand Orders Under CAFA
August 19, 2008 6:30 AM CAFA LAW BLOG Loves Wal-Mart!
August 18, 2008 6:30 AM The Devil Went Down to Georgia...and, in this case, Makes It Hard as Hell to Remove a Case under the 11th Circuit's Standard.
August 12, 2008 6:30 AM Numerousity Didn't Kill the Cat (or CAFA lawsuit), But Individual Issues Did.
August 11, 2008 6:30 AM Southern District of Indiana to Salmonella Plaintiff: "You Should Have Protected Yourself From Removal."
August 8, 2008 6:30 AM Beware of speed bumps on the road to CAFA
August 7, 2008 6:30 AM Start Spreadin' the News...TCPA Claims Will Not Succeed As Class Actions in New York!
August 5, 2008 6:30 AM Colomar Clicks Ruby Slippered Heels Three Times, But Can't Go Home in this CAFA Case from the Southern District of Florida.
August 4, 2008 6:30 AM It's De Ja Vu All Over Again (Almost) in this CAFA Commencement Case from Illinois.
August 1, 2008 6:30 AM I'm Somebody Now! This is the Kind of Spontaneous Publicity - Your Name in Print - Makes People.
July 31, 2008 6:30 AM "Hasta La Vista, Baby." After the Court Denied Class Certification, This Case's Hopes of Retaining Federal Subject Matter Jurisdiction are Terminated.
July 30, 2008 6:30 AM You Want to Remove under CAFA? In this Court, Like Rod Tidwell Says, You Better "Show Me the Money!"
July 29, 2008 6:30 AM Plaintiffs Ask the Court to "Gimme Shelter" and avoid CAFA removal.
July 28, 2008 6:30 AM We're Not Worthy - CAFA style!
July 25, 2008 6:30 AM Dr. Seuss In The Land of CAFA
July 24, 2008 6:30 AM The Wheels on the Bus Go Round and Round, but if They are Continental Wheels, They're in Federal Court Under CAFA
July 23, 2008 6:30 AM AT&T Takes It in the "SHORTS" from CAFA and Gets Kicked Back to State Court.
July 22, 2008 6:30 AM Insurance Wars: Episode II (or is it really Episode V): The Decider Strikes Back
July 21, 2008 6:30 AM We'll Show You Ours, If You Show Us Yours; Court Allows Pre-remand Discovery to Support Amount in Controversy Dispute.
July 17, 2008 6:30 AM "It's a Sony!" Dust Off Your Old Walkman, and Take This One for a Stroll - Defendant, Sony Electronics, is Successful in Getting This One Dismissed.
July 16, 2008 6:30 AM Don't Drink the Water! No We're Not Going to Mexico, but to the Obviously Cosmopolitan area of Plaquemines Parish, Louisiana.
July 15, 2008 6:30 AM Everyone Raise Their Lighters and Sing Together the Immortal Words of Led Zeppelin:
July 14, 2008 6:30 AM Defective TV Plaintiffs Win CAFA Jurisdiction Despite More Stringent Federal Court Jurisdiction Under Magnuson-Moss Warranty Act.
July 11, 2008 6:30 AM Unlike George Costanza, Plaintiffs in the Sixth Circuit Remain Masters of Their Domain.
July 10, 2008 6:30 AM Kansas District Court Applies Local Controversy Exception and Sends the Case Back Down to State Court.
July 9, 2008 6:30 AM Winning the Battle, but Losing the War!
July 8, 2008 6:30 AM Illinois Court Finds Permissive Abstention Under 28 U.S.C. 1332(d)(3) To Be Appropriate And Declines Jurisdiction.
July 3, 2008 6:30 AM Randolph, Mortimer, and CAFA At It Again! The Dukes Try to Corner the Market on ... Herbicide-Resistant Roundup Ready Soybean ... are you kidding me?
July 2, 2008 8:04 AM Extra! Extra! Read All About It! Levine Burned; Motion to Remand Goes Up in Smoke!
July 1, 2008 9:40 AM Defendant Tries To "Choose Its Own Adventure" and Remove Under CAFA, But Is Sent Back Down To State Court Anyway.
July 1, 2008 9:39 AM Happy Cows Come From California. So Do Happy Defendants Wanting to Remove under CAFA.
July 1, 2008 9:36 AM American Express Finds That "My Life, My Card" Doesn't Make Things Easy After Removal Under CAFA.
June 25, 2008 8:47 AM Cue the Jaws Music: Bu-na. Bu-na. Bu-na-bu-na-bu-na-bu-na-bunabunabunabuna... Bass Goes Looking for Minnows in State Court but Gets Itself Eaten Whole by CAFA.
May 26, 2008 2:29 PM The Plaintiff Files His Complaint, Adds Donald Duck as a Party ... yadda, yadda, yadda ... and CAFA Prevails ... You've Come a Long Way Baby!
April 14, 2008 8:34 PM You Can't Blame a Plaintiff for Trying! CAFA is Limited to CAFA.
April 14, 2008 4:18 PM Hot Off the Press! Looks Like It's Going To Rain All Night For Louisiana AG's Class Action Against Insurers
April 3, 2008 1:44 PM Ko?n to Polo Ralph Lauren: YOUR SHEETS SUCK!
March 25, 2008 3:14 PM You Can't Blame a Plaintiff for Trying to Defeat Removal. After All, They Had Inhaled Ethylene Dichloride.
March 19, 2008 10:12 AM No CAFA for You! Allstate Remanded to the District Court ... and It Didn't Even Get Bread!
March 18, 2008 2:13 PM Judge Says to Abbott Labs "I Ain't Feelin' It, Dog!"
March 17, 2008 10:17 AM I Bet Circuit City Wishes It Had Refunded That Restocking Fee Now! This CAFA Case is Remanded on Amount in Controversy.
March 11, 2008 1:27 PM Playtex's Spill Proof Cups, the Kind You Drink Out of, Not Wear on Your Chest, is at the Bosom of this CAFA case.
February 29, 2008 6:30 AM Man, that was a long opinion!!!! New Jersey Federal Court Keeps This CAFA Case
February 28, 2008 6:30 AM Hapless Home-Do-It-Yourself Plaintiff Hammered by Trial Court For Trying to "Turn CAFA'S Burden of Proof On Its Head."
February 26, 2008 5:09 PM Fifth Circuit Says No New Car, Caviar, Four Star Daydream Or Football Team For These Lawyers
February 14, 2008 6:30 AM Just Like Green Acres, Oklahoma Is The Place To Be . . . Good thing, Because The Tenth Circuit Is Sending Mobil Back to State Court "Sooner" Rather Than Later.
February 13, 2008 6:30 AM Glasses in a Timely Fashion? Sure. Removal in a Timely Fashion? Not So Much!
February 12, 2008 6:30 AM Mr. Potato Head Doesn't Have a Clue and Gets His Battleship Sunk to State Court in this CAFA Commencement Case.
February 11, 2008 6:30 AM What We Really Need is a "Decider." Are There any Bushes in Arkansas? (The Political Type Not the Foliage Type (and Yes, There is a Difference.).
February 1, 2008 6:30 AM Yada, Yada, Yada - CAFA Cases Worthy of Yada, Yada, Yada
January 30, 2008 6:30 AM New York Court Accepts Class Settlement, "Making It Rain" for Class Members.
January 29, 2008 6:30 AM Don't Be Like Ferris Bueller, and Take This Day Off. This Case Presents an Important Lesson for CAFA and MDLs.
January 25, 2008 6:30 AM Getting Ready for the June Wedding Season; Travelers Left Standing at the Federal Court Altar When Southern District of Illinois Remands CAFA Case to State Court!
January 24, 2008 6:30 AM "Rabid Raccoon Bites Shopper at Home Depot!" Screams the Headline of the Daily CAFA Inquirer. After All Inquiring Minds Want to Know.
January 23, 2008 6:30 AM Removal By a Third-Party Defendant? It's a Theory That's Not "Built Ford Tough."
January 22, 2008 6:30 AM Another Drug Manufacturer Stuck in State Court. No CAFA Jurisdiction for Paxil Class Filed in Minnesota Due to our Old Friend, Commencement.
January 21, 2008 6:30 AM $9.00 in Seattle May Get You a Cup of Coffee, But It Won't Get You CAFA Jurisdiction In the Western District of Washington.
January 18, 2008 6:30 AM "Go to the Head of the Class!" Make Sure You Have the Right Class When You Try to Prove CAFA's Amount in Controversy.
January 17, 2008 6:30 AM Chinese Wheat Gluten is Not the Breakfast of Champions (at least not for Cats and Dogs). Proving the Amount in Controversy is the Focus of this Poisoned Pet CAFA Case
January 16, 2008 6:30 AM It's the Beginning of the Second Semester of the School Year, and the Eastern District of Missouri Takes on--No, Not Reading or Writing, but 'rithmatic--and that Tricky Amount in Controversy Requirement of CAFA.
January 10, 2008 6:31 AM U-Haul Makes Like a Bread Truck and Hauls Buns to Federal Court
January 9, 2008 6:24 AM Traveler's Claims Against United Air Lines Crash Lands in State Court
January 8, 2008 6:10 AM Can you Hear Me Now?...Court Utilizes Lodestar Method to Calculate Attorneys Fees in Calling Card Case
January 7, 2008 4:57 PM Much Like Local NFL Franchise, Philadelphia Plaintiffs' Bid to Win at Home Falls Flat in Eastern District of Pennsylvania
January 2, 2008 8:47 AM Smith's Bicycle Case Comes "Unchained" (Van Halen's 1981 hit) to a Tune with Unusual Chord Functions and a Metre Change (4/4 to 3/4 and back).
December 20, 2007 11:28 AM We're Not Worthy: The Holiday Edition
December 4, 2007 5:44 PM "Let's Do the Time Warp Again!" When the Plaintiff Tries to Convince the Court to Go Back in Time and Relate an Amendment Back to the Complaint to Avoid Federal Jurisdiction.
November 29, 2007 1:03 PM "Toto, I don't think we're in Kansas anymore." Jiffy Lube Franchise Gets Slick and Slides on Out of This Class Action (at least in Kansas).
November 23, 2007 6:56 AM Judge Smith Says "Smell You Later," Remanding Noxious Odor Class Action Back to State Court.
November 21, 2007 8:36 AM "COUPONS! WE DON'T WANT YOUR STINKIN' COUPONS ... OR YOUR STINKIN' AIR PURIFIER!" says Judge Altonaga in this CAFA Settlement Decision.
November 8, 2007 6:24 AM While Patrick Henry Said, "Give Me Liberty or Give Me Death," Judge Reagan Said, "Give Liberty Back to State Court" in this CAFA Commencement/Relation Back Case.
November 7, 2007 7:18 AM Dreading the Effect of the Writers' Strike on Your Saturday Night Live-Watching Plans this Weekend?
November 6, 2007 10:18 AM The Defendant Uses the Twinkie Defense to Defeat this Class Action Remand Motion Before the Ninth Circuit.
October 31, 2007 6:45 AM Sweet Home Alabama: Another Fax Case Sent Back to State Court
October 30, 2007 6:55 AM Edward & Marjorie Take Bad Beat on All-In Bet! Play-by-Play Brought to You by Your Friends at the CAFA Law Blog.
October 29, 2007 6:52 AM Reagan Rejects Voodoo Economics In This CAFA Trailer Trash Case
October 26, 2007 10:22 AM Trick or Treat, Smell My Feet, You Get Nothing Good To Eat...We're Not Worthy--The Halloween Edition.
October 16, 2007 6:36 AM "No Bugs, No Hassles" for Class Action Against Terminix When Illinois Federal Court Denies Remand
October 8, 2007 10:00 AM In the Immortal Words of Joel Goodsen in Risky Business, "Sometimes You Just Gotta Say 'WTF."" The District of New Jersey remands CAFA case under Permissive Home State Exception--SUA SPONTE!
August 22, 2007 11:34 AM Like K-Fed in Hollywood, Plaintiffs' Class Certification Gets DENIED.
August 10, 2007 6:59 AM Please Come to Boston in the Springtime....Just Don't Plan on Leaving Anytime Soon.
August 6, 2007 6:44 AM Bigger is Not Better for CitiFinancial in Ohio in This Class Action Fairness Act Case
August 3, 2007 6:47 AM PeoplePC's Internet Connection to Federal Court Was Dropped In This CAFA Amount In Controversy Case
August 2, 2007 9:06 AM Now Appearing: CAFA Blog Editors' Article in Supreme Court Brief
August 1, 2007 6:09 AM The Luck of the Irish Causes The Ninth Circuit To Weigh In On This Post-CAFA Amendment Case.
July 31, 2007 6:39 AM Street Sense is Not the Winner in this Unpublished District Court Opinion on CAFA Burden of Proof From The Blue Grass State.
July 30, 2007 6:26 AM Got Burden of Proof: Ninth Circuit Examines Jurisdictional Burden of Proof for CAFA
July 27, 2007 6:56 AM A Touch of Grey: The Defendants "Get By" and "Survive" Remand in This Dead Head CAFA Case.
July 25, 2007 6:25 AM Second Time's the Charm: Southern District of Florida Denies Second Motion to Remand in Commencement Case
July 24, 2007 6:00 AM In This Class Action Fairness Act Game, the Ninth Circuit Allows McAtee to Take Ball and Go Home.
July 23, 2007 10:29 AM "Get Back! Get Back! Get Back to Where You Once Belonged," Says the United States District Court for the S.D. of Illinois. Mandatory Joinder Fails to Satisfy CAFA's Minimal Diversity Jurisdiction.
July 20, 2007 4:05 PM Hey Yo Adrian! We Don't Have To Pay No Fees! Seventh Circuit Decides that Pfizer's Removal Was "Objectively Reasonable."
June 22, 2007 11:22 AM Unsatisfied With the Sopranos Series Finale? Pepsico Is Sent to Sleep With the Fishes In This New Jersey CAFA Case.
June 7, 2007 6:35 AM My Advice To You Is To Start Drinking Heavily: Class Member Billing Addresses Are Insufficient To Prove Citizenship For Local Controversy Exception.
June 5, 2007 6:30 AM It Is An Ill Wind That Blows No Good: Hurricane Katrina Spawns an Important 5th Circuit CAFA Decision.
May 30, 2007 5:50 PM "WE'RE NOT WORTHY! WE'RE NOT WORTHY!"
May 28, 2007 10:23 AM Reach of CAFA Spreads Smoothly Like Pancake Batter in the Griddle!
May 23, 2007 9:45 AM Wal-Mart's Always Low Prices Were Just High Enough in This Case to Satisfy the Amount in Controversy in this CAFA Removal.
May 15, 2007 6:16 AM Failed the Evelyn Woods Speed Reading Course? No Worries! This 11th Circuit Court of Appeals 77 Page Decision is Analyzed Free of Charge for You by Your Favorite CAFA Law Blog Editors
May 2, 2007 6:20 AM Avoiding CAFA Removal 101: Admit Your Claim Is Under $5 Million
April 10, 2007 6:18 AM "Just the Fax, Mam." The Interplay Between CAFA and the Telephone Consumer Protection Act Addressed by the District Court for the Western District of Washington.
March 30, 2007 6:32 AM If You Are Crossing Boardwalk and Park Place on Your Way to Go in Your CAFA Monopoly Game/Case, Then You Need to Pay Attention to This Practice Pointer Before You Complete the Settlement. Otherwise, You May Not Collect Your $200.
March 29, 2007 6:27 AM The Final Class Action Fairness Act Commencement Case? Hope So!
March 28, 2007 6:39 AM The Decisions are Lining Up! Another CAFA Decision Holds that the Plaintiff Bears the Burden of Proving the Local Controversy Exception.
March 27, 2007 6:51 AM Don't Try to Use CAFA's Appeal Provisions If the Case is Not a Class Action.
March 25, 2007 6:39 AM Douglas MacArthur said, " Rules Are Mostly Made To Be Broken and Are Too Often For The Lazy To Hide Behind." Good Thing He Did Not Practice Before the 11th Circuit Court of Appeals.
February 23, 2007 6:44 AM Post-CAFA Amendment Means the Doctor Is In (Federal Court)
February 21, 2007 6:38 AM The United States District Court for the E.D. of Pennsylvania "dreams a little dream" suggesting an expansion of CAFA to multi-district mass tort litigation.
February 16, 2007 10:08 AM So Close: Removing Defendant Satisfies CAFA, Including, Unfortunately, the Local Controversy and Home State Exceptions.
February 8, 2007 6:35 AM Finally! An Appellate Decision Recognizes the Distinction Between CAFA's Minimal Diversity Jurisdiction and Traditional Complete Diversity Jurisdiction.
January 26, 2007 9:14 AM In the Words of Buster Poindexter: "Hot! Hot! Hot!" Analysis of Date of Senate Judiciary Committee Report, And Critique of Second Circuit's Blockbuster Burden of Proof Ruling.
January 25, 2007 6:07 AM No More Late Fees and Federal Court Jurisdiction Goes Down the Tubes for Blockbuster. Another Circuit Court Holds that CAFA Does Not Change the Burden of Proof as to Minimal Diversity Jurisdiction Upon Removal.
January 24, 2007 6:58 AM Local Controversy and Home State Exceptions in the Class Action Fairness Act Send This Hurricane Katrina Case Back to State Court.
January 19, 2007 5:00 PM The Hits Just Keep Coming from the Third Circuit on Morgan v. Gay. This Time the Third Circuit Examines the Threshold Burden of Proof under CAFA and follows Brill and its Progeny.
January 17, 2007 6:42 AM Say it With Flowers...But Not in Federal Court. This Class Action Fairness Act Case Wilted Under the Application of the Jurisdictional Burden of Proof on the Removing Defendant.
January 4, 2007 6:49 AM Disco Comes to CAFA and the Defendants in this Louisiana District Court Case are Stayin' Alive, Stayin' Alive, Ah Ha Ha Ha Stayin' Alive!
January 2, 2007 6:33 AM Is This Alabama District Court Decision on the Class Action Fairness Act the Last of the Commencement Cases? We Hope So!
December 29, 2006 6:56 AM Ninth Circuit Decision on Amount in Controversy in the Class Action Fairness Act Case Puts a Smile on Priceline and William Shatner
December 28, 2006 6:27 AM Nine out of Ten Dentists Agree that CAFA Does Not Apply to their New York Class Action.
December 7, 2006 3:48 PM The Saga Continues for Morgan v. Gay as the Third Circuit Hands Down a Precedential Opinion Regarding the Time Limit for Appeal under CAFA. Decision: the Third Circuit May Not Like Rum Either!
November 21, 2006 6:51 AM "But You Said!" Chase Bank Used a Plaintiff's Post Removal Admission to Obtain CAFA Jurisdiction Over a California Class Action.
November 17, 2006 6:42 AM The Lost Circuit?: Is the Ninth Circuit Ignoring the Class Action Fairness Acts's Presumption in Favor of Retaining Federal Jurisdiction of Class Actions?
November 14, 2006 9:53 AM Not Tonight Honey, I Have a CAFA Burden of Proof Headache! Maybe Tomorrow After I Figure Out the Local Controversy and Home State Rules.
November 6, 2006 9:11 AM If I Had A Hammer, Does That Kick Me Out of State Court? The Seventh Circuit Confirms That Plaintiffs' Retooling Related Back and Sends Sears Right Back Where it Started From.
October 25, 2006 6:53 AM GM Takes that California Trip Via CAFA: Illinois Federal Court Remands Claims to State Court in California
October 24, 2006 6:14 AM Got a Little Captain Morgan in Ya? This District Court Does Not. In this Jurisdictional Burden of Proof case, the District Court Sent the Pirate Packing Back to State Court.
October 13, 2006 6:10 AM Lucky CAFA Defendants Escape Remand On Mere "Technicality" in Latest John "Gresham" Potboiler.
October 6, 2006 9:26 AM Rocky Mountain Sigh Colorado: Geico Boomerangs to Colorado State Court After Federal Judge Refuses to Apply CAFA to Newly-Severed Action.
October 2, 2006 1:06 AM Viva Las Vegas: Elvis has Left the Building and He Took this Case with Him, Branded Too Local for CAFA and Federal District Court.
September 27, 2006 10:27 AM Need a Wood Chipper to Grind a Body a' la Fargo? Beware of Damage Waivers if you Rent From Home Depot. Damage Waivers Provided CAFA Jurisdictional Amount in this Case.
September 21, 2006 6:40 AM Stop-this is the Police! Wisconsin Court, Policing Jurisdiction, Takes Class Action Fairness Act Removal Downtown
September 19, 2006 6:26 AM Oh, Yes, They Call Him The Streak: The Bare Allegations in This Case Satisfy the Class Action Fairness Act Jurisdictional Requirements...For Now.
September 11, 2006 6:10 AM "Louisiana, Louisiana. They're Tryin' to Wash Us Away:" CAFA's Local Exception and State Defendant Exception Wash Katrina Class Action Out of Federal Court.
September 7, 2006 6:43 AM I Want a New Drug. One that Won't Make Me Sick: Defendant Gets Stuck with Plaintiff's Bill Because of Improvident CAFA Removal in Pfizer II.
September 5, 2006 6:27 AM Another CAFA Defendant Gets "Brill-Creamed," and Learns a Tough Lesson in the Brave New World of CAFA Removal: When In Doubt, Move It Out!
August 31, 2006 6:03 AM Riding a Train Wreck Into Federal Court: The Class Action Fairness Act Carries the Defendants to the Federal Court Station.
August 30, 2006 6:08 AM Hans and Franz Return for Another Workout and Say: Don't be Such a Girlie Man and Don't Cry Like a Sissy Baby When Federal Court Remands Class Action Against to State Court (Where They Really Will Pump [clap] CAFA Up!)
August 28, 2006 6:44 AM Oklahoma Plaintiff Drills Court for Abstention Under CAFA; Comes Up With Dry Hole
August 25, 2006 6:56 AM A Dog That Just Wouldn't Hunt. Supplemental jurisdiction, State Law Claims, and FSLA.
August 24, 2006 6:27 AM O Canada! Class Action Fairness Act Removal and Relation Back
August 22, 2006 8:58 AM Special Report: Editors' Critique of Miedema Ruling On Threshold Burden of Proof
August 22, 2006 8:52 AM Maytag's Lonely Repairman Has Work to Do: Eleventh Circuit Holds that the Removing Defendant Bears the Burden of Proving Threshold Subject Matter Jurisdition.
August 21, 2006 6:43 AM You Will Want to Track This Package: Seventh Circuit Holds that the Plaintiff Bears the Burden of Proof that the Home State and Local Controversy Exceptions of CAFA Apply.
August 18, 2006 6:31 AM The Oil Companies Have It Rough - What?: Mobil alleges the intervention of new plaintiffs from previous federal court suit commenced a new state court action for purposes of the Class Action Fairness Act
August 17, 2006 6:11 AM "You say goodbye, and I say hello, hello, hello." Plaintiffs try to say goodbye to removed CAFA case, but Fifth Circuit says hell-oh-oh, you have the burden of proof on exceptions to prima facie jurisdiction.
August 16, 2006 8:36 AM "Dorothy Goes Blonde and Meets Three Bears": 10th Circuit chooses an approach for CAFA commencement issues that is "just right."
August 15, 2006 7:42 AM "We Got A Streaker!:" Bare Allegations Just Not Enough to Stay in Federal Court under the standards imposed by the Class Action Fairness Act
August 14, 2006 7:44 AM "No Particular Place To Go:" GM's Dex-Cool litigation has nowhere to go in federal court due to the 7th Circuit's denial of the corporation's request to appeal the district court's remand order under the Class Action Fairness Act
August 13, 2006 11:07 PM Texas is Like a Whole 'Nother Country, But the Application of Federal Law, in this case an Exception in the Class Action Fairness Act, Sent Texas Commerce Trust Back to State Court.
August 9, 2006 7:54 AM "Trouble Down at Squaw Creek:" Not a lost episode of "The Rifleman," but a swift denial of the plaintiffs' remand motion after defendants satisfy federal jurisdiction under the Class Action Fairness Act.
August 8, 2006 8:57 AM They Lied When They Promised Me No Math Was Required. CAFA's Amount in Controversy Revealed!
August 6, 2006 9:00 AM Roaming Gnome Visits Federal Court, But There May Not be a Vacancy. Plaintiffs file CAFA complaint against Internet travel sites, but the judge is not so sure case should stay.
August 4, 2006 9:15 AM Slow Train Comin': Plaintiff takes more than a year to serve the complaint, but a Florida federal judge says that does not bump the case into the CAFA zone.
July 9, 2006 2:15 PM The Sizzler is a Sweatshop?: Buffet-style restaurant managers seeking to recover past overtime wages amend class action complaint to add new defendant, thereby raising CAFA commencement issue.
July 7, 2006 8:07 AM CAFA Law Blog Public Service Announcement: The Tenth Circuit, by way of Chief Judge Tacha, provides a clear and concise discussion of Grable's effect on federal jurisdiction.
July 5, 2006 5:00 PM California Dreaming: District Court has ESP regarding future Ninth Circuit ruling, tagging removing party with CAFA's burden of proof. No winter day for these defendants, though!
June 29, 2006 8:15 AM "It's An Arkansas Thing; You Wouldn't Understand": Arkansas Judge joins with his fellow Arkansas Judges and determines relation back analysis isn't relevant in determining an amended complaint's effect on jurisdiction under CAFA
June 28, 2006 8:05 AM "Start Something": Microsoft hoped plaintiffs started a new action by filing version 4.0 of their complaint after the Class Action Fairness Act became law, however the judge crashed Microsoft's hopes of staying in federal court.
June 26, 2006 8:01 AM "Shoot Bobby, Everybody Knows Malaysian Channel Locks Ain't Worth A Damn!": Sears attempts to use CAFA to remove class action alleging it sold customers foreign made tools while claiming they were Made in the USA.
June 23, 2006 10:01 AM "Water, Water, Everywhere, Nor Any Drop to Drink": Oil Companies attempt CAFA removal after plaintiffs alleging contaminated ground water redefine the class definition. Another decision in the deluge of commencement cases.
June 22, 2006 12:05 PM "I'm Bad. I'm Nationwide": Nationwide attempts to use the commencement of one class action in state court to count as the commencement of a later filed identical action in federal court under the Class Action Fairness Act.
June 21, 2006 7:30 AM Time Marches On, but the commencement cases keep coming: The Southern District of Illinois considers whether the addition of defendants commenced a new suit allowing removal under the Class Action Fairness Act.
June 20, 2006 7:23 AM "Do you mind if we dance with your dates?": Aetna finally gets penciled in on the Middle District of Alabama's dance card after satisfying the Class Action Fairness Act's $5 million amount in controversy.
June 19, 2006 7:05 AM "Fiore!": First American wins the Green Jacket by slamming one down the middle of the fairway by establishing federal jurisdiction under CAFA, and then putting to victory by succeeding on its motion to dismiss.
June 15, 2006 10:03 AM Highway to Hell: Judge uses 7th Circuit's rulings as road map to drive this one back to Madison County, Ill.- dubbed a "Judicial Hellhole" by American Tort Reform Association.
June 14, 2006 1:57 PM "Intel Inside" Federal Court: Computer giant keeps microprocessor antitrust actions in federal court by satisfying the Class Action Fairness Act's amount in controversy.
June 13, 2006 7:21 PM Sack the QB, Get a Buckeye, Score a TD, Get a Buckeye, Have removal stick in less than two page opinion, get two Buckeyes: Defendants earn Buckeyes for helmet by convincing Ohio District Court to grant removal under CAFA.
June 12, 2006 6:06 PM Blood In The Water?: Claims of Floridians injured by Hurricane Ivan are remanded due to Allstate's failure to satisfy CAFA's amount in controversy requirement.
June 10, 2006 11:45 AM "Check your blood sugar, and check it often. There's no reason not to.": Defendant Liberty Mutual mainlines back to Illinois state court after judge rules case was "commenced" pre-CAFA.
June 8, 2006 6:54 PM "I have made this [opinion] longer, because I have not had the time to make it shorter.": West Virginia District Court issues 57 page opinion reviewing CAFA commencement and burden of proof precedent.
June 7, 2006 5:52 PM "Looks like a duck. Quacks like a duck. Must be a duck. Unless it didn't file proper paperwork.": Action must be filed under Rule 23 no matter its resemblance to a class action for CAFA to apply
June 6, 2006 6:29 AM "Down Goes Frazier!": 9th Circuit Judges engage in judicial fisticuffs to determine whether the court's panel opinion construing CAFA's time limit on appeals should be reviewed en banc.
June 5, 2006 2:45 PM "Tie Goes To The Runner:" 5th Circuit gives plaintiffs benefit of doubt by calling suit "commenced" before CAFA became law, despite only partial payment of fax filing fees in state court
June 1, 2006 4:29 PM Leap of Faith: 5th Circuit makes relatively safe leap by deciding to trust integrity of other Circuit Courts of Appeals not to abuse power if CAFA's 60 day appellate review period begins on their order.
May 25, 2006 2:05 PM Another Brick in the Wall: 9th Circuit says CAFA doesn't transfer jurisdictional burden of proof, making the wall more difficult for defendants to scale.
May 25, 2006 8:08 AM OK, gang, pay attention. This is important: Eleventh Circuit becomes first court to apply Section Two of CAFA to burden of proof analysis in CAFA local controversy case.
May 24, 2006 6:30 AM Get a load of this, Braud: The 5th Circuit concludes that a new action "commences" for CAFA purposes when a new defendant is added post-CAFA.
May 22, 2006 6:30 AM "The Three Amigos": Same 5th Circuit panel which recently addressed §1453 now considers whether §1453 allows appeal of remand orders beyond those cases removed under CAFA.
May 3, 2006 7:26 PM "She (almost) Blinded Me With Science": Computer Sciences Corporation attempts to blind Arkansas Federal Court to this action's pre-CAFA commencement date, but the court tidied up, and CSC can't find anything.
April 27, 2006 6:53 PM "Toto, we're not in Kansas (federal court) any more": Kansas judge tosses defendants out of Emerald City and back to state court, finding that suit was "commenced" four days before CAFA became law.
April 26, 2006 4:27 PM "Rainwater blowin' all under my hood, Knew that was doin' my motor good." GM overheats and is towed back to state court in this pre-CAFA engine coolant products class action.
April 24, 2006 6:04 PM "Vernon's got prospects. He's bona fide. What are you?": In a sister case to Main Drug v. Aetna, Alabama federal judge reiterates requirement of bona fide intent to serve complaint for commencement purposes under CAFA.
April 20, 2006 8:08 PM "Bad Moon Rising": South Carolina District Judge finds Unifund CCR Partners (we assume no relation to the real Credence Clearwater Revival) acted in bad faith by removing action to federal court under CAFA.
April 3, 2006 7:08 AM "Hans and Franz Want to Pump - You Up." Plaintiffs added Bally Total Fitness as a defendant post-CAFA, which drops a weight on the plaintiffs' Girlie-Mon motion to remand, even though they later voluntarily dismissed Bally.
March 30, 2006 6:57 PM "May the Schwartz Be with You." Despite having the Schwartz (in the form of named plaintiff, Adam) clearly on their side, plaintiffs' attempt to invoke CAFA's three exceptions to general diversity failed.
March 29, 2006 7:55 AM "Just the Fax, Ma'am": Louisiana federal judge transmits two actions removed under CAFA back to state court, declaring that petitions faxed to state court had "commenced" the cases one day before CAFA became law.
March 28, 2006 8:11 AM "Here's to You, Mrs. Robinson - Heaven Holds a Place for You" (just not in state court). Louisiana District Court declines to invoke CAFA's "local controversy" exception, despite Ms. Robinson's best efforts to the contrary.
March 27, 2006 6:55 AM "Show Me the Money (or at least the amount)," says North Dakota Court. Brokerage firm in unauthorized trading suit fails to satisfy CAFA's $5 million amount in controversy requirement, despite handling over $1 billion in assets.
March 23, 2006 6:47 AM "Outflanked": The plaintiffs, focused on defending against federal jurisdiction under the Magnusson-Moss Warranty Act, exposed their flank to Fidelity, and are routed into federal court on the sword of CAFA.
March 22, 2006 7:05 AM "Pack the Bags - Heading Home " -- South Carolina Federal District Court rules that class claims filed in third-party complaint were improper, and thus, cannot provide grounds for removal under CAFA.
March 21, 2006 6:09 AM Against the Grain: Arkansas Federal District Court bucks the trend, and holds that a relation-back analysis is irrelevant to the "commencement" issue under the Class Action Fairness Act
March 20, 2006 6:49 AM "Time Is On Our Side" for the plaintiffs. And, if all else fails, claim the clerk's stamp was wrong, as the defendant in this Arkansas "commencement" case struggles to prove federal jurisdiction, but is bested by time itself.
March 14, 2006 10:20 AM "But you ain't Bona Fide!" - Alabama District Court determines that complaint was not filed with the bona fide intent of having it immediately served, and thus, did not "commence" the action before CAFA became law.
March 10, 2006 7:25 PM "You Can't Always Get What You Want." Option One won one when the plaintiffs voluntarily invoked federal jurisdiction under CAFA in their unsuccessful attempt to avoid arbitration.
March 9, 2006 7:08 PM Volkswagen didn't get the expected mileage out of this vehicle: District Court finds that amended petition related back to the pre-CAFA complaint, and VW gets towed back to Missouri state court.
March 6, 2006 8:04 PM Magical Mystery Tour: Texas Federal District Judge gives the parties a comprehensive CAFA tour in this unusual "commencement" case, and "the invitation to make the reservation" takes the plaintiffs away - from federal court.
February 21, 2006 7:30 AM If at first you don't succeed�file again in federal court:Plaintiffs say CAFA legislative intent mitigates defense efforts to stay a California federal proceeding pending adjudication of an identical state court action.
February 20, 2006 8:06 AM " . . . For the Very First Time" (with apologies to Madonna): New Jersey District Court references CAFA's notice requirements in settlement order.
February 17, 2006 9:00 AM "Na Na Na Na, Hey Hey Hey, Good-bye." MDL Panel transfers class action against Massachusetts Federal Judge's on-the-record wishes, which results in a comprehensive (and unflattering) look at MDL generally, with some CAFA overtones.
February 15, 2006 6:53 PM "Do as we fail to say, not as we mean." Washington District Court ignores CAFA legislative history in deciding whether CAFA reversed the traditional burden of proof in removal disputes.
February 6, 2006 6:42 AM "If you haven't looked at Ford lately, look again"-you'll find them back in state court. 7th Circuit says amended complaints adding new plaintiffs relate back to originals, so no new actions "commenced" under CAFA.
February 2, 2006 8:27 PM One if by land, and two if by sea-Paul Revere's attempt to ride CAFA into federal court results instead in being thrown off of that horse-back to state court as California District Court invokes "state-action exemption."
February 1, 2006 8:25 PM "Less" is really "more," despite what your mother said--the Ninth Circuit (more or less) says Congress didn't mean what it said in text of CAFA when it set the time limit to trigger appellate review.
January 31, 2006 9:06 AM Arkansas Federal Court puts brakes on GM's argument that cost of class notice counts toward amount in controversy in defective parking brake class action - plus, Pritchett strikes again on "commencement" issue.
January 30, 2006 10:20 AM Persistence (and a newly amended class) pays dividends for Liberty Mutual as the Seventh Circuit finds that federal jurisdiction under the Class Action Fairness Act is proper.
January 25, 2006 6:47 AM No pill to cure this ill for Merck: Eighth Circuit weighs in on CAFA "commencement" - amended petition related back to original petition, even though original class representative lacked a colorable claim.
January 13, 2006 6:02 AM California Federal Court denies plaintiff keys to the kingdom: no class survey or members' contact info yet, since jurisdictional discovery under CAFA should be limited to the least burdensome means possible.
January 5, 2006 7:13 PM Knudsen: the second verse is same as the first - Illinois District Court reiterates that the latest amended class definition didn't "commence" a new action under CAFA.
January 4, 2006 1:57 PM Illinois Federal Court, "shocked" by plaintiffs' counsel's request for $50,000 in attorney's fees for 130 hours work in a granted remand motion, and citing uncertainty regarding CAFA interpretation, denies the requested relief.
December 27, 2005 9:56 AM Another acknowledgment of the obvious - New Jersey Superior Court finds that an action commenced on October 30, 2003 is not subject to the provisions of the Class Action Fairness Act.
December 22, 2005 7:36 AM An older "date of commencement" case: Illinois Federal Court rules that date of filing, not date of removal, is the date of commencement for determining whether CAFA applies.
December 20, 2005 6:14 AM Another "commencement" case: Illinois Federal Judge cites Oklahoma brethren with approval in decision that case filed in state court on February 18th, an hour before presidential signature of CAFA, was subject to the Act.
December 14, 2005 6:00 PM Where's the party? Arizona Federal Judge remands case in which the pleadings fail to nail down each side's citizenship under either a CAFA or a traditional diversity jurisdiction analysis.
December 12, 2005 12:15 PM Yet another "date of commencement" case - Arkansas Federal Court holds that CAFA doesn't apply to a case filed before the effective date of the Act.
December 9, 2005 4:09 PM Arkansas Federal Court says that neither the date of service of the complaint nor the date of removal is the operative date for "commencement" of this case under CAFA.
December 7, 2005 9:06 PM Amended complaint can't keep removed case initially filed pre-CAFA in federal court, even though the post-CAFA amendment was the first assertion of a class action.
December 5, 2005 10:28 AM Illinois Federal Court addresses dispositive motions and arbitration motions in this spyware case removed pursuant to the Class Action Fairness Action Act, but CAFA itself merits only a footnote.
December 2, 2005 8:41 AM CAFA gets little more than passing mention by New York Federal Judge in an unsolicited fax TCPA case.
December 1, 2005 9:23 AM Plaintiffs can't unring the bell - the voluntary dismissal of certain defendants served after CAFA's enactment in an attempt to destroy federal jurisdiction doesn't fly. And no piecemeal removals, either - all or nothing.
November 29, 2005 12:01 PM Influenced by Pritchett, Florida Federal Judge says that the date of filing, rather than the date of removal is the date that counts for CAFA-based federal jurisdiction.
November 28, 2005 10:28 AM "No More Late Fees" class action against Blockbuster stays in federal court, as the judge places the burden in the remand battle on the plaintiff, while rejecting the plaintiff's version of amount in controversy.
November 23, 2005 7:55 AM Washington Federal Court decides that an arbitration award against class action plaintiff wipes out any relation back of amended complaint, so the removed case stays in federal court.
November 21, 2005 8:28 AM Rock Around the Clock - another "commencement" case: original claim isn't wiped out by demurrer, so no CAFA-based federal jurisdiction over the second amended complaint with the same claims.
November 19, 2005 12:21 PM Sauce for the Goose is sauce for the Gander: a plaintiff who files his initial pleadings before CAFA effective date can't invoke Class Action Fairness Act jurisdiction in amended pleadings.
November 17, 2005 9:08 AM No surprises here: Illinois Federal District Court follows the Seventh Circuit -- CAFA does not apply to a state court class action filed on February 17, 2005.
November 16, 2005 8:38 AM Federal District Court concludes that state court's consolidation of multiple class action suits does not "commence" an action for CAFA jurisdictional purposes.
November 15, 2005 7:15 AM Illinois Federal Court holds that an amended class definition and the addition of two new class members does not "commence" a new case for CAFA jurisdictional purposes.
November 14, 2005 7:23 AM Missouri Federal Court declines to shift burden of proof in removal dispute to plaintiff, while holding that the amended complaint does not "commence" a new action for CAFA jurisdictional purposes.
November 10, 2005 8:14 AM West Virginia Federal Court joins the crowd -- removal of case to federal court is not "commencement."
November 9, 2005 6:23 AM Illinois Federal Judge consolidates cases and then, remands pre-CAFA state law claims on date of commencement basis while retaining jurisdiction over claims against third party defendants.
November 8, 2005 11:06 AM Georgia Federal Judge decides that the second amended complaint significantly expanded the Class and thus "commenced" a new action, and that the defense satisfied CAFA diversity and amount in controversy requirements.
November 7, 2005 7:58 AM Alabama Federal Judge rejects defense efforts to prevent remand: substituting correct defendant in a pre-CAFA state court action does not "commence" action so as to trigger CAFA
November 6, 2005 8:29 AM Pennsylvania Federal Court says that the removing defendant must prove the validity of CAFA removal, while the plaintiff can conduct discovery to probe diversity jurisdiction.
November 3, 2005 8:39 AM A plaintiff challenging federal jurisdiction has the burden of proving that a CAFA removal is wrong, according to a Federal District Judge in Washington state.
November 2, 2005 9:50 AM 7th Circuit Becomes first circuit to decide which party bears the burden of proof in a CAFA remand dispute, while rejecting CAFA legislative history consideration.
November 1, 2005 8:27 AM CAFA jurisdiction with a twist: in this role reversal, the plaintiffs cite the Class Action Fairness Act to keep their case in federal court.
October 31, 2005 8:07 AM With a nod to Knudsen, Missouri Federal District Judge says that an amended class action complaint in a dismissed case does not commence a new action for CAFA jurisdictional purposes, but certain amendments might.
October 29, 2005 8:05 AM New York Federal Court confirms that CAFA does not have retroactive application.
October 28, 2005 8:55 AM Tennessee Federal Court upholds "carve out" under CAFA for securities litigation, holding that Section 1453(d) is not ambiguous.
October 28, 2005 8:37 AM California Federal District Court rules that the plaintiff bears the burden of proof in CAFA removal cases and upholds the corporate governance exception to CAFA .
October 27, 2005 6:14 AM It's a law school exam question: Massachusetts District Judge frames a multiple choice question, and answers with a resounding "maybe," while confirming the immediate appeal of remand orders under CAFA.
October 26, 2005 6:31 AM Massachusetts Federal Judge laments "toothless" Rule 23, vanishing jury trials, cowed federal bench and CAFA, while giving a "thumbs-up" to a $75 million settlement in this pharmaceutical class action.
October 25, 2005 4:02 PM U. S. Supreme Court refines boundaries of federal question jurisdiction by affirming the removal of a state action to quiet title with a significant federal tax law angle.
October 24, 2005 3:35 PM The 7th Circuit: "Scrivener's error" amending to add a (previously dismissed) "new" party post-CAFA is not enough to foil the remand of a case initially filed before the effective date of CAFA, but removed after the Act.
October 23, 2005 2:28 PM The 10th Circuit issues its "explanatory opinion" in Pritchett, reiterating that CAFA does not apply to class actions filed before its February 18th date of enactment.
October 23, 2005 8:57 AM 9th Circuit weighs in on the "commencement date" issue, joining the 10th & 7th Circuits that the date of original filing, rather than the date of removal, is what counts.
October 22, 2005 10:43 AM Adding a new defendant to "correct a misnomer" after the effective date of CAFA does not defeat remand, according to California Federal Judge.
October 22, 2005 10:00 AM A Double Whammy: Illinois Federal District Court decides that removed case misses both CAFA's $5 million mark and federal question jurisdiction, since the TCPA provides exclusive state court jurisdiction for private actions.
October 13, 2005 6:42 PM Removed Oregon case heads back to state court: an action is "commenced" when it's filed, not when process is served.
October 13, 2005 6:00 PM Missouri Federal Court says that the fifth amended petition is still not the charm -- Post-CAFA amended petition naming the "correct" defendant is not enough to remain in federal court.
October 6, 2005 6:50 PM Oklahoma Federal Court decides that the date of amendment of the initial complaint adding claims and parties and seeking class certification constitutes the date of "commencement" for CAFA purposes.
October 6, 2005 5:19 PM Arkansas Federal Judge decides that case is "commenced" for CAFA applicability determination purposes at the time of initial filing, not when it is amended to seek certification of a national class.
October 3, 2005 8:32 AM Tennessee Federal District Court holds that shareholder class action for equitable relief under Delaware law is a securities action not subject to CAFA, and therefore, no federal jurisdiction exists.
September 30, 2005 7:03 AM Oklahoma Federal District Court Reiterates That Time Of Day Does Not Matter For Removal Of Class Action Case.
September 28, 2005 7:31 PM Time of day of filing doesn't matter for the purpose of determining when an action is "commenced" under CAFA, according to Oklahoma Federal Court, but the burden of proof to establish federal jurisdiction is on the defendant.
September 28, 2005 6:51 PM Kentucky Federal Court determines that class action can be removed to federal court if a new defendant is added after CAFA's February 18, 2005 date of enactment.
September 23, 2005 6:37 PM 1st Circuit Court of Appeals follows the 10th and 7th Circuits, and holds that removal does not commence a case under CAFA.
September 23, 2005 10:17 AM Louisiana Federal Magistrate Judge considers two major topics -- whether addition of new defendants after CAFA's effective date supports removal and whether the CAFA securities exemption applied
September 22, 2005 3:53 PM CAFA does not influence U. S. Supreme Court's analysis of supplemental jurisdiction under 28 U.S.C. §1367.
September 20, 2005 2:56 PM Judge Posner: The corporate world should not expect removals to be successful for state court actions filed before the date of CAFA's enactment.
September 20, 2005 8:41 AM New Jersey Federal Court declares that State Attorney General's consumer suit is not a class action under CAFA, since the state (or its alter ego) is not a "citizen" for diversity purposes.
September 18, 2005 12:08 PM Oklahoma federal judge refuses to apply CAFA amount in controversy standards to MDL filed before CAFA was enacted, but federal jurisdiction survives under traditional diversity analysis.
September 18, 2005 8:06 AM Texas Federal District Court declines to apply CAFA to action filed before the date of enactment, remands case for failure to meet amount in controversy.
September 17, 2005 12:07 PM California Federal District Court remands consolidated actions: "commencement of action" under CAFA held to be date case is filed in state court, not date of removal to federal court.
September 17, 2005 11:10 AM The "Schoolhouse Rock" case - Missouri Federal District Court holds that the day Congress adopted CAFA was not the effective date - presidential signature was first required for the Act to become effective.
September 17, 2005 9:06 AM Ohio Federal Court declares that state case filed the day before CAFA's effective date is not covered by the new law because the action was "commenced" before CAFA's enactment.
September 5, 2005 12:00 PM California federal judge remands class action to state court - aggregate value of case to either side falls short of CAFA's $5,000,000 threshold.
September 4, 2005 5:43 PM 7th Circuit stresses that CAFA does not apply to removed cases originally filed in state court before CAFA's effective date. The Court also notes that states vary in determining when a case "commences."
September 4, 2005 10:30 AM Pritchett -the first case to consider CAFA - an action is "commenced" on the date initially filed in state court, not the date it is removed.
September 3, 2005 10:15 AM The 10th Circuit - the first circuit to weigh in - considers the issue, and agrees with Pritchett District Court - the date of initial filing is the "date of commencement" under CAFA.
September 3, 2005 9:50 AM 7th Circuit rules that new class definition does not equal "commencement" for CAFA purposes, but hints at other modifications which might.
August 29, 2005 9:03 AM The trend continues - the date of filing, rather than the date of removal, is key to CAFA jurisdiction, California federal district judge declares.
August 29, 2005 8:13 AM Virginia District Court: plaintiffs' failure to plead CAFA's $5,000,000 minimum deprived court of subject matter jurisdiction.

Events

May 24, 2010 10:31 AM SUMMER SIZZLIN SECURITY!
May 5, 2010 8:52 AM Spring Time in New York
December 23, 2009 10:58 AM CAFA Law Blog Wish!
December 14, 2009 6:30 AM What do New York City, Cleveland, Philadelphia, Pittsburgh, Chicago and your office computer have in common?
December 1, 2009 9:13 AM Consumer Finance Class Actions & Litigation
October 20, 2009 9:11 AM Real Tomato Ketchup, Eddie?
October 15, 2009 9:08 AM The Grateful Dead Loved It There; So Will You!
September 17, 2009 6:30 AM Learn How to Manage Complex Federal Litigation in Chicago; You Can't Do Worse than Lou Piniella or Ozzie Guillen
September 8, 2009 6:30 AM ABA will hold 13th Annual National Institute on Class Actions.
August 27, 2009 6:30 AM CAFA Law Blog Readers are Still Smart and Sexy and Still Entitled to a $200 Discount.
August 17, 2009 9:09 AM Want $200? You Got It!
August 10, 2009 6:30 AM Reduce, Reuse, Recycle
August 7, 2009 6:30 AM CAFA Law Blog to Offer Cash for Clunkers
July 15, 2009 2:47 PM What, you say? There is more to class actions than certification?
June 22, 2009 1:24 PM The Essential Advanced Defense Forum that Will Shape Your Life
June 15, 2009 10:32 AM Twitter, A Discount, and Learning All You Can About Employment Discrimination Claims and Class Actions.
June 1, 2009 6:30 AM CAFA Law Blog Readers Are Entitled to a $200 Discount Because They are Smart and Sexy!
May 27, 2009 10:29 AM American Conference Institute offers its Premier Forum on Defending and Managing Aviation Litigation.
May 25, 2009 12:42 PM Although There Was Not a Wet T-Shirt Contest, Fun Was Had By All. The 2009 Bloggies.
May 18, 2009 8:34 AM ACT NOW!!!! EMPLOYMENT DISCRIMINATION CLAIMS AND CLASS ACTION SEMINAR FOR ONLY $1,395.
May 11, 2009 9:29 AM ACI's 7th Annual Advanced Forum on Wage and Hour Claims and Class Actions
April 2, 2009 6:30 AM Bad Faith Litigation - Nothing Funny About it
March 15, 2009 6:30 AM E Discovery: It's Whats for Dinner.
March 5, 2009 6:30 AM Sour Dough Bread, Good California Wine, and eDiscovery! What More Could You Ask For?
February 1, 2009 6:30 AM Pink Floyd Comes to Mind
January 26, 2009 6:30 AM Back to Business - ACI's Managing Complex Litigation Forum
January 20, 2009 6:30 AM Thank You, W!
December 16, 2008 8:35 AM Making Your List? Checking It Twice? If so, Make Sure This Outstanding Seminar is On It!
November 25, 2008 11:00 AM Need An Excuse for Holiday Shopping in New York? How About THE E-Discovery Conference?
November 14, 2008 6:30 AM Attend College in your PJ's!!!!!
October 31, 2008 6:30 AM Free Gift From CAFA Law Blog and ACI for Our Smart, Sexy Readers
October 29, 2008 6:30 AM Festivus for the Rest of Us - The ABA's 12th Annual National Institute on Class Actions
October 13, 2008 6:30 AM Since You Can't Go to Chicago in October to Watch the Cubs, You Ought to Just Go to Learn More About Automotive Product Liability.
October 13, 2008 6:30 AM How Not to Show Me the Money - Wage and Hour Litigation in San Francisco, California.
October 9, 2008 5:28 PM Joe Biden and Sarah Palin Wished They Knew This Much About Subprime Litigation.
October 9, 2008 4:34 PM Positioning the Class Action Defense for Early Success - Why You Must Attend
September 25, 2008 10:27 AM What is Your Favorite Position? CAFALAW Blog and Inquiring Minds Want to Know!
September 5, 2008 6:30 AM American Conference Institute's 5th National Forum on Mortgage Fraud
August 29, 2008 9:40 AM Happy Birthday to CAFA Law Blog!
August 22, 2008 9:10 AM CAFA Wet T Shirt Contest
August 15, 2008 6:30 AM "Why So Serious?" inquired the Joker to the Typical Legal Case Analyst.
July 4, 2008 6:30 AM One-Day Junk Science Summit
July 1, 2008 10:03 AM FREE SAMPLES OF DRUGS!!!!
May 12, 2008 8:56 AM I'll tell you where you can get a lawyer, at ACI's Managing Trademark Disputes and Litigation Seminar in June.
April 28, 2008 11:22 AM I'll Gladly Pay You Tomorrow for a Hamburger Today.
April 18, 2008 2:40 PM So This Lawyer and Engineer Were Fishing...
April 17, 2008 11:06 AM Asbestos Claims? I thought asbestos litigation was dead.
April 2, 2008 6:30 AM Reminder: American Conference Institute's Pollution Liability Insurance Seminar: Underwriting and Claims Strategies for Managing Risk and Minimizing Liability
March 11, 2008 2:14 PM American Conference Institute's Pollution Liability Insurance Seminar: Underwriting and Claims Strategies for Managing Risk and Minimizing Liability
January 31, 2008 3:13 PM Is the MDL Replacing Class Actions as the Favored Procedure? Find Out at the Tulane Symposium on Multidistrict Litigation in The Big Easy
January 30, 2008 10:25 AM Under Pressure: How To Manage Complex Litigation...Made Easy
December 12, 2007 4:03 PM Cure for Overspending This Holiday Season?
November 2, 2007 6:05 AM Moore's� Rules of Federal Practice Teleconference: Recent Developments in Class Actions and the Impact of the Class Action Fairness Act. The CLE Panacea for the Overworked and Lazy Alike.
November 1, 2007 6:30 AM An Inconvenient Truth: As the Water Rises, So Do Interesting Liability and Class Action Theories
October 15, 2007 11:23 AM Yo, Adrian! Check Out the University of Pennsylvania's Knockout CAFA Symposium.
October 10, 2007 9:37 AM LEARN SECRETS TO THE OLD RAZZLE DAZZLE!
October 9, 2007 3:24 PM Tainted Love: Defending Consumer Class Actions, Such as for Lead Poisioning
October 9, 2007 2:10 PM Leave Your Canoes and Camping Gear at Home, Thomson West "Delivers" Dueling Coastal CLEs!
September 17, 2007 2:41 PM Tick Tock Tick Tock. Time is a Wastin'. Outstanding Wage and Hour Seminar Focusing on Class Actions.
September 17, 2007 10:15 AM Jake and Elwood Blues Sing the CAFA Blues in Chicago for the ABA.
September 5, 2007 8:40 AM Halloween Is Coming-Do You Have a Costume Yet?
August 31, 2007 6:29 AM It Will Be Hot As ^#$&!*. The CAFA Topics, Not the Temperature!
August 7, 2007 6:31 AM What Could Make a Visit to the "Valley of the Sun" Better? Why Discussing How to Position the Class Action Defense for Early Success.
August 2, 2007 6:55 AM Discuss CAFA in the House of the Rising Sun at the 7th Annual Class Action / Mass Torts Symposium in New Orleans.
June 4, 2007 6:33 AM Essay Contest On CAFA! University of Pennsylvania Law Review Is Holding An Essay Contest on CAFA.
April 30, 2007 2:42 PM CAFA, Liberating Ally or the Ugly American? Let's Ask the Italians...in Rome!!!
April 23, 2007 9:47 AM Left Your Heart in San Francisco? Here is a Great Chance to Go Retrieve It and Learn About CAFA!
February 12, 2007 1:21 PM If You Have Waited Until Now to Buy Your Significant Other a Valentine's Day Present, We Have Just the Thing For You. Combine Your Love of the Class Action Fairness Act with That of Your Mate.
December 22, 2006 6:13 AM Festivus and the Class Action Fairnes Act - A Holiday for the Rest of Us!
November 23, 2006 8:49 AM Fried Turkey or Wild Turkey? Both Go Well With the Class Action Fairness Act
November 16, 2006 6:32 AM There is No Better Way to Start Off the New Year...How About Some CAFA and Class Action Education in Los Angeles with the Movie Stars?
November 15, 2006 6:50 AM Anna Nicole Smith and the Class Action Fairness Act (have absolutely nothing in common, yet we expect that they will one day)!
October 18, 2006 6:54 AM Feel the Burn! Get a CAFA workout at the 16th Litigation and Resolution of Complex Class Actions Institute.
October 16, 2006 6:25 AM The Next Best Thing to Being There - Teleconference and Webcast Bring CAFA All-Stars to your Office!
October 11, 2006 6:28 AM Sip Peppermint Schnapps in the Ski Lodge while Brushing Up on the Class Action Fairness Act.
October 9, 2006 6:28 AM The Class Action Fairness Act, Da Bears, and the Windy City. It Doesn't Get Any Better Than This
September 14, 2006 6:55 AM Bring Your Tourism Dollars to New Orleans: 6th Annual Class Action/Mass Tort Symposium in the City that Care Forgot
September 4, 2006 6:07 AM Yo Ho, Yo Ho! A Pirate's Life for Me!
August 26, 2006 6:15 AM Hey, you, good looking! Now that we have your attention, think about coasting to California or New York to get an all-day scoop on CAFA and class action practice.
August 23, 2006 6:16 AM Early to Bed, Early to Rise Makes You an Expert on the Class Action Fairness Act (Particularly if You Attend This Seminar).
July 6, 2006 10:27 AM If You Give a Mouse a Cookie, He Will Probably Want a Glass of Milk. If you are interested in CAFA, then you are probably interested in MultiDistrict Litigation. Here is a program for you!
June 4, 2006 2:00 PM A Year In The Life of CAFA: New York conference sizes up the Class Action Fairness Act.
June 1, 2006 7:10 PM The CAFA Law Blog posts its 100th Case - Join Us in the Celebration!!
May 16, 2006 1:32 PM The right stuff: Upcoming ethics seminar targets class action practice.
May 12, 2006 10:49 AM The right stuff: ethics seminar targets class action practice
February 22, 2006 11:56 AM Blog Law and Blogging for Lawyers Conference: Law Seminars International presents a conference on the legal issues and opportunities surrounding blawgs (or whatever you want to call them).
February 10, 2006 12:59 PM Back to the future: UMKC Law School presents symposium commemorating the 20th anniversary of Phillips Petroleum Company v. Schutts, including a panel on the Class Action Fairness Act.
January 27, 2006 7:20 PM Springtime, mint julips and CAFA in the South: ACI Atlanta conference offers defense advice for litigating in the post-CAFA world.
December 28, 2005 3:45 PM Hatch comments at ABA November, 2005 seminar In Washington, D.C. on "The Future of Class Action Litigation In America."
December 19, 2005 6:39 AM February 2006 San Francisco class action seminar scheduled to address the impact of the Class Action Fairness Act nearly a year after its adoption.
December 6, 2005 8:32 AM An East Coast event with a West Coast slant: Class Action seminar scheduled to address CAFA and California's Prop 64.
November 30, 2005 10:08 AM December teleconference tackles post-CAFA era class certification issues.
November 22, 2005 10:21 AM Rollo invited to address Class Action Fairness Act issues at Tulane Law Review symposium.
October 5, 2005 7:46 AM The ABA Section of Litigation presents the 9th Annual Institute on Class Actions (Part 2).
October 5, 2005 4:14 AM ABA'S Class Action Litigation Conference tackles CAFA issues for lawyers on both sides of the "v."
October 3, 2005 6:24 PM San Francisco and New York scheduled to host the 15th Annual Class Action Institute seminar.
September 22, 2005 7:43 AM ACI hosts seminar on Consumer Finance Litigation and Class Actions in the Big Apple.
August 31, 2005 5:27 PM ABA's National Institute on Class Actions Fall '05 Programs Target CAFA

Resources

August 27, 2010 10:13 AM More on Cappuccitti: Plaintiffs file petition for en banc rehearing, saying Eleventh Circuit incorrectly interpreted CAFA.
April 22, 2010 6:30 AM The CAFA Experts
February 5, 2010 1:03 PM Laws.Com - Where It's At!
December 18, 2009 6:30 AM Don't Be Shy. Drop Us a Line.
December 11, 2009 6:30 AM Looking for a Daily Dose of CAFA?
August 14, 2009 5:44 PM Why Won't You Talk To Me? You Never Talk To Me? What Are you Thinking?
July 17, 2009 2:42 PM Rob Base Was Right.
May 20, 2009 9:05 AM CAFA Law Blog Wants to Beat the ***** out of Ashton Kutcher.
December 30, 2008 6:30 AM To Avoid Rejection, Make Sure Your Coupon Has All the Trimmings!
November 7, 2008 6:30 AM Forgotten How to Sign Up or Post a Comment on the CAFA Law Blog?
November 3, 2008 6:30 AM Does Palin know CAFA? You Betcha! Thanks to the 2007 University of Pennsylvania Law Review Symposium and Accompanying Articles.
October 27, 2008 6:30 AM Who? What? When? Where? Why? Three Scholars Discuss CAFA's Role Surrounding the Issue of Multidistrict Litigation.
September 29, 2008 6:30 AM CAFA Law Blog Mail Bag: An Inquiry From One of Our Readers!
September 19, 2008 6:30 AM Looking for Friends With Benefits? CAFA Law Blog Wants to Be Your BFFWB
September 12, 2008 6:30 AM Got Some Free Time This Weekend?
August 29, 2008 6:30 AM Shouldn't It Be Called Non-Labor Day or UnLabor Day?
August 8, 2008 8:43 AM Go For the Gold at the CAFA Law Blog Olympics!
August 6, 2008 6:30 AM You Can't Handle the Truth! Perceived Differences in State and Federal Court Treatment of Class Actions Debunked ... and with Empirical Evidence at That.
July 7, 2008 6:30 AM Late Nights and Research. The Tale of the CAFA Cocktail.
January 31, 2008 6:30 AM Big Book on Big Issues...Class Actions: The Law of 50 States
November 3, 2007 6:07 AM Need A Break from Bad College Football? Then We Have Just the Ticket for You.
August 13, 2007 6:02 AM Guest Post: Professor Lonny Hoffman on the Jurisdictional Burden of Proof
July 30, 2007 11:34 AM BlawgWorld 20007: Harry Potter & the Legal Blawgs
June 11, 2007 6:13 AM BNA Articles Discuss the Recent U.S. Fifth Circuit CAFA Decisions in Weems and Preston.
January 31, 2007 6:48 AM From Sea to Shining Sea . . . Consumer Financial Services Practitioners Will Discuss CAFA and Class Action Issues.
January 23, 2007 6:34 AM Single, Attractive, and Wealthy Group Looking for Deep Spiritual Relationship or Friends With Benefits, Whichever is Easiest.
December 22, 2006 2:20 PM Happy Holidays from the CAFA Law Blog
October 31, 2006 6:53 AM Because I'm Good Enough; I'm Smart Enough, and, Doggonit, People Just Like Me!" - That's Right: What You Have to Say about CAFA is Valuable, and the CAFA Law Blog Would Love to Hear It in the Form of a "Guest Post!"
September 29, 2006 2:20 PM Put It On The 'Fridge: A Few of Our Own Bring Home an Article Espousing a Novel and Somewhat Controversial Argument Regarding the Class Action Fairness Act's Jurisdictional Burden of Proof.
July 28, 2006 9:23 AM CAFARAMA!!! Scholars, lawyers and know-it-alls probe the Class Action Fairness Act.
July 14, 2006 5:22 PM Extra! Extra! Read All About It! CAFA spawns scholarly articles! Shocked?
July 2, 2006 11:15 AM Uncle Sam Wants You...to Have an Outstanding 4th of July but also to Comment on CAFA
June 16, 2006 7:51 AM We Want You! - For CAFA Law Blog's Guest Commentator's Series: Have something to say about the Class Action Fairness Act? Its your duty to send it our way.
May 20, 2006 12:07 PM Calling all law professors - both real ones and wannabes: law student has an interesting CAFA question.
May 18, 2006 6:41 PM "Because I'm good enough, I'm smart enough, and, doggonit, people just like me!" - That's right: what you have to say about CAFA is valuable, and the CAFA Law Blog would love to hear it in the form of a "Guest Post!"
May 17, 2006 12:55 PM Class act on class actions: American Law Institute takes on the Law of Aggregate Actions at 83rd Annual Meeting.
May 11, 2006 4:34 PM On notice: the OCC provides guidance to financial institutions about CAFA notice requirements in class action settlements.
February 3, 2006 2:34 PM COMING SOON -- CAFA Law Blog presents "The CAFA Revolution, Year 1 -- Confusion on the Battlefield." A 90 minute interactive audio/visual Live Webcast (via fast Internet connection). Program details and registration information to be announced.
January 23, 2006 6:04 PM Our New Year's Resolutions - What to expect from the CAFA Law Blog in 2006.
December 23, 2005 2:19 PM Season's Greetings to all from the CAFA Law Blog.
December 21, 2005 6:44 AM ATRA releases "Judicial Hellholes 2005," and indicates that the adoption of the Class Action Fairness Act of 2005 is a "bright spot".
October 19, 2005 7:29 AM Blog On: National Law Journal reports tech-savvy law firms are adapting to (and adopting) this new online forum.
September 19, 2005 2:33 PM Welcome to the CAFA Law Blog - A message from the Editors.
August 28, 2005 2:02 PM So - how did the senate vote on CAFA?
August 28, 2005 7:09 AM Just in case you were interested in how the House voted, too.

The Act - Full Text

August 27, 2005 2:24 PM The full text of CAFA

About Us

March 28, 2007 6:37 AM

Around the Blogosphere

August 25, 2010 4:50 PM Around the Blogosphere - Washington Legal Foundation files amicus brief in Cappuccitti
August 10, 2010 10:41 AM Around the Blogosphere: More Musings on Cappuccitti
July 28, 2010 4:00 PM Around the Blogosphere: Commentary on Recent CAFA Decision (Cappuccitti v. DirecTV)
July 28, 2010 3:26 PM Around the Blogosphere: What to do with Cappuccitti?
July 24, 2010 2:04 PM Around the Blogosphere - Eleventh Circuit Decision Threatens To Eliminate Federal Jurisdiction Over Most Consumer Class Actions, Undermining The Goals Of The Class Action Fairness Act
July 9, 2010 8:46 AM Around the Blogosphere: Pharmaceutical Representatives Reap Millions as Whistleblowers
June 7, 2010 4:29 PM Around the Blogosphere - Judge in Circuit City Bankruptcy Denies Class Treatment of Proofs of Claim, Questions Whether Proofs of Claim Can Ever Be Filed on Account of Class of Creditors
June 7, 2010 4:03 PM Around the Blogosphere - The Heartburn (Litigation) Is Gone...For Now
June 7, 2010 3:49 PM Around the Blogosphere - Facebook Groups and Class Actions
April 30, 2010 8:13 AM Around the Blogosphere: The Supremes Decide No Agreement, No Class Arbitration
April 20, 2010 8:30 AM Around the Blogosphere: Federal Court Passes on Condom Suit, Deferring to FDA's Primary Jurisdiction
April 20, 2010 8:07 AM Around the Blogosphere: Wells Fargo Class Action Defense Cases-Martinez v. Wells Fargo: Ninth Circuit Court Affirms Dismissal Of Class Action Holding RESPA and UCL Claims Preempted By National Bank Act
April 13, 2010 12:09 PM Around the Blogosphere: Seventh Circuit Mandates Daubert Ruling Before Class Certification
April 13, 2010 11:47 AM Around the Bogosphere: District Courts May Need to Conduct Full Daubert Inquiry Before Class Certification Decision
April 7, 2010 2:38 PM Around the Blogosphere - CSPI Lacks Standing to Sue Bayer over Vitamins with Selenium
April 7, 2010 2:22 PM Around the Blogosphere - Federal Court Dismisses Device "Consumer" Claims
April 6, 2010 11:49 AM Cliffnote: Shady Grove for Class Action Practitioners
April 1, 2010 9:17 AM Around the Blogosphere: Seventh Circuit Decides FDCPA Class Claims and Offers Survey Guidance

CAFA Marketplace

March 26, 2007 9:39 AM CAFA Law Blog Marketplace

CAFA Twitter

September 23, 2009 10:57 AM Live Tweets from ACI09 American Conference Institute's 3rd Annual Defense Counsel Forum on Positioning the Class Action Defense for Early Success
July 10, 2009 6:30 AM Hey Baby, Wanna Twitter My Tweeter?
June 28, 2009 9:00 PM Live Tweets from ACI09 National Advanced Forum on Employment Discrimination Claims and Class Actions
June 4, 2009 7:04 PM Join the Legions
May 20, 2009 9:05 AM CAFA Law Blog Wants to Beat the ***** out of Ashton Kutcher.

Contact Us

October 3, 2006 8:31 AM Contact Us

Jurisdictional Burden of Proof

April 1, 2010 11:58 AM News Flash!!! Supreme Court Reverses Burden of Proof on CAFA Removals!!
October 13, 2009 8:57 AM Jurisdictional Burden of Proof Explained...at least for the Ninth Circuit.
August 5, 2009 6:30 AM MOLDY DOMICILE - Court Finds No Minimal Diversity for CAFA Purposes When Out-of-State Limited Partnership Owns and Operates a New York Apartment Complex
May 28, 2009 6:30 AM Look Into My Crystal Ball, and See What Your Future Holds...
January 13, 2009 6:30 AM Sorry Nationwide . . . the District Court Just Wasn't on Your Side, Finding no CAFA Jurisdiction for This Putative Class Action.
November 10, 2008 6:30 AM Want a Stock Tip? Be Wary of Viatical Settlement Investments, At Least If You're Trying To Remove under CAFA.
November 4, 2008 6:30 AM Dow Chemical Cannot Get Removal Under CAFA to Stick.
November 6, 2007 10:18 AM The Defendant Uses the Twinkie Defense to Defeat this Class Action Remand Motion Before the Ninth Circuit.
October 29, 2007 6:52 AM Reagan Rejects Voodoo Economics In This CAFA Trailer Trash Case
August 13, 2007 6:02 AM Guest Post: Professor Lonny Hoffman on the Jurisdictional Burden of Proof
August 9, 2007 6:51 AM A, B, C..Easy as One, Two, Three: Food and Drug Law Journal Takes Note of CAFA Trends.
August 6, 2007 6:44 AM Bigger is Not Better for CitiFinancial in Ohio in This Class Action Fairness Act Case
August 2, 2007 9:06 AM Now Appearing: CAFA Blog Editors' Article in Supreme Court Brief
July 31, 2007 6:39 AM Street Sense is Not the Winner in this Unpublished District Court Opinion on CAFA Burden of Proof From The Blue Grass State.
July 30, 2007 6:26 AM Got Burden of Proof: Ninth Circuit Examines Jurisdictional Burden of Proof for CAFA
April 5, 2007 6:26 AM This Burden of Proof Issue is Getting Some Press, and Not Just From the CAFA Law Blog.
January 26, 2007 9:14 AM In the Words of Buster Poindexter: "Hot! Hot! Hot!" Analysis of Date of Senate Judiciary Committee Report, And Critique of Second Circuit's Blockbuster Burden of Proof Ruling.
January 25, 2007 6:07 AM No More Late Fees and Federal Court Jurisdiction Goes Down the Tubes for Blockbuster. Another Circuit Court Holds that CAFA Does Not Change the Burden of Proof as to Minimal Diversity Jurisdiction Upon Removal.
January 19, 2007 5:00 PM The Hits Just Keep Coming from the Third Circuit on Morgan v. Gay. This Time the Third Circuit Examines the Threshold Burden of Proof under CAFA and follows Brill and its Progeny.
January 17, 2007 6:42 AM Say it With Flowers...But Not in Federal Court. This Class Action Fairness Act Case Wilted Under the Application of the Jurisdictional Burden of Proof on the Removing Defendant.
December 21, 2006 6:46 AM Really Hot Off the Press Now: New Law Review article Analyzes and Answers Hot CAFA question - Who Bears Burden of Proving Whether Minimal Diversity Jurisdiction Exists?
November 21, 2006 6:51 AM "But You Said!" Chase Bank Used a Plaintiff's Post Removal Admission to Obtain CAFA Jurisdiction Over a California Class Action.
November 17, 2006 6:42 AM The Lost Circuit?: Is the Ninth Circuit Ignoring the Class Action Fairness Acts's Presumption in Favor of Retaining Federal Jurisdiction of Class Actions?
November 14, 2006 9:53 AM Not Tonight Honey, I Have a CAFA Burden of Proof Headache! Maybe Tomorrow After I Figure Out the Local Controversy and Home State Rules.
October 24, 2006 6:14 AM Got a Little Captain Morgan in Ya? This District Court Does Not. In this Jurisdictional Burden of Proof case, the District Court Sent the Pirate Packing Back to State Court.
September 5, 2006 6:27 AM Another CAFA Defendant Gets "Brill-Creamed," and Learns a Tough Lesson in the Brave New World of CAFA Removal: When In Doubt, Move It Out!
August 22, 2006 8:58 AM Special Report: Editors' Critique of Miedema Ruling On Threshold Burden of Proof
August 22, 2006 8:52 AM Maytag's Lonely Repairman Has Work to Do: Eleventh Circuit Holds that the Removing Defendant Bears the Burden of Proving Threshold Subject Matter Jurisdition.
August 17, 2006 6:11 AM "You say goodbye, and I say hello, hello, hello." Plaintiffs try to say goodbye to removed CAFA case, but Fifth Circuit says hell-oh-oh, you have the burden of proof on exceptions to prima facie jurisdiction.
July 9, 2006 2:15 PM The Sizzler is a Sweatshop?: Buffet-style restaurant managers seeking to recover past overtime wages amend class action complaint to add new defendant, thereby raising CAFA commencement issue.
June 8, 2006 6:54 PM "I have made this [opinion] longer, because I have not had the time to make it shorter.": West Virginia District Court issues 57 page opinion reviewing CAFA commencement and burden of proof precedent.
May 26, 2006 4:20 PM Just in Off the Wire: Editors roll up their sleeves and issue this Special Report critiqing Evans
May 25, 2006 8:08 AM OK, gang, pay attention. This is important: Eleventh Circuit becomes first court to apply Section Two of CAFA to burden of proof analysis in CAFA local controversy case.
May 5, 2006 12:11 PM Hot Off the Press: New Law Review article analyzes and answers hot CAFA question - Who bears burden of proving whether Minimal Diversity Jurisdiction exists?

Legal Info

August 31, 2005 10:47 AM Disclaimer
June 15, 2005 2:13 PM Terms of Use
May 10, 2005 10:46 AM PRIVACY POLICY
September 6, 2004 1:02 PM Email Policy

Legal Publications and Articles

February 4, 2009 6:30 AM New Study Questions Whether CAFA Has Had an Effect
August 14, 2008 6:30 AM Interested in Jurisdictional Burden of Proof Still? Then, We've Got a Law Review Article for You!
August 13, 2008 6:30 AM Rekindled: Sherman's March Through The Class Action Fairness Act Continues, Proceeding Through Previously Unexplored Territory.
July 18, 2008 6:30 AM Need a Law Review Article on Article 3 and Class Actions? Here Ya Go!
May 26, 2008 9:40 AM Rollo Weighs in on CAFA Status
January 28, 2008 6:30 AM To Dr. Zhivago's Displeasure, LARA is no CAFA!
January 15, 2008 6:30 AM The Three Amigos of the Class Action Fairness Act from the Eleventh Circuit!
January 14, 2008 6:30 AM Suplex! DDT! The Eleventh Circuit Puts the Smack Down on Removals under CAFA.
January 11, 2008 6:30 AM Batter Up! Case Note Discusses Interplay of CAFA and Supplemental Jurisdiction, Asking Who's on First?
September 18, 2007 6:00 AM Need A Break from Bad College Football? Then We Have Just the Ticket for You.
August 30, 2007 2:50 PM Guest Post: CAFA, You Are A Bad, Bad Boy!
August 28, 2007 9:31 AM "Lasciate ogne speranza, voi ch'intrate" Be Damned -- CAFA Provides Reprieve From Remand Orders
August 24, 2007 6:48 AM CAFA Lawblog Puzzler!
August 23, 2007 9:00 AM The Consumer Class Action Bill of Rights in CAFA is a Mistake, Says This Law Review Article
August 9, 2007 6:51 AM A, B, C..Easy as One, Two, Three: Food and Drug Law Journal Takes Note of CAFA Trends.
August 8, 2007 6:26 AM The Banking Law Journal has Provided the Guidance; Don't Get Killed by the Bill Defending Multiple Related Proceedings Pending in State Court.
July 26, 2007 6:52 AM Texas Tech Law Review Survey of Fifth Circuit Business Tort Cases Includes Patterson and Braud decisions
May 16, 2007 11:00 AM The Federal Reserve Issues Statement On Regulated Financial Institutions' Requirement To Notify Their Federal and State Regulators of Proposed Class Settlements.
April 9, 2007 6:54 AM The Class Action Fairness Act is Constitutional...So Says This Wayne Law Review Article.
April 6, 2007 6:28 AM General George S. Patton (or was it George C. Scott) Said, "You Must Do Your Damdest and Win." Here are Some Good Practice Pointers on How to Win Your CAFA Case!
April 5, 2007 6:26 AM This Burden of Proof Issue is Getting Some Press, and Not Just From the CAFA Law Blog.
April 4, 2007 6:47 AM If You Guys are Like Us and You Just Want to Get Jiggy When You Think About CAFA, Then We Have Just The Thing For You. The Loyola of Los Angeles Law Review has Published a Symposium Issue On Stimulating CAFA Issues.
April 3, 2007 6:50 AM But I REALLY Wanted to Be in State Court...Recent CAFA Overview Predicts Future Defendants to Fight to Get to State Court.
April 2, 2007 6:12 AM The Class Action Fairness Act of 2005 Will Have Undesirable Effects, Says a Recent Law Review Article. So Do Drinking Coffee, Driving Over the Speed Limit, and Marriage, But We Still Do Them!
February 19, 2007 6:21 AM Guest Post: The Class Action Fairness Act and Erie (the Doctrine, Not the Canal).
February 14, 2007 8:20 PM Food & Drugs: No, We're Not Talking About Chris Farley's Two Favorite Things - In This Article, The Food & Drug Law Journal Provides Its Readers A Dose Of The Class Action Fairness Act.
February 2, 2007 6:34 AM Don't Worry, Be Happy: Plaintiff's Attorney Extraordinaire, Elizabeth Cabraser Explains That The Class Action Fairness Act Hasn't Had Much Of An Adverse Impact On The Plaintiff's Bar.
January 28, 2007 6:43 AM New Releases: New York Law Journal Article Reviews a Couple of New Releases, Including One Class Action Fairness Act Related Feature - Blockbuster Inc. v. Galeno.
January 22, 2007 8:15 AM Commencement Issue = Relation Back Analysis...Right? Maybe It Shouldn't. Professor Questions the Relevance of a Relation Back Analysis in CAFA Commencement Cases, Proposes an Alternative, and Tells Us Why It Still Matters.
January 12, 2007 4:16 PM Guest Commentary on the Theory Behind the Courts' Decisions on "Commencement" Cases under the Class Action Fairness Act.
January 10, 2007 6:10 AM The ABC's of CAFA's Procedural Provisions: Third Year Student on the Loyola of Los Angeles Law Review Spells out the Basics of the Class Action Fairness Act's Procedural Provisions.
January 8, 2007 6:17 AM There's More Than One Way To Skin A Cat: Congress exercises control over the Federal Judiciary in more ways than just confirming or rejecting federal judicial nominees - take the Class Action Fairness Act, for instance...
January 3, 2007 6:10 AM The New York Law Journal Posts One of its "Decisions of Interest," you guessed it - CAFA!
December 26, 2006 6:58 AM Our Own Anthony Rollo in the Chicago Lawyer: He's no Jim Cantore, but his use of sports analogies and ability to forecast would make any respectable weather man envious
December 21, 2006 6:46 AM Really Hot Off the Press Now: New Law Review article Analyzes and Answers Hot CAFA question - Who Bears Burden of Proving Whether Minimal Diversity Jurisdiction Exists?
December 20, 2006 6:54 AM Made Men: Couple of "Associates" Make an Ambitious Move to Become "Made Men" by Reporting on Every Class Action Decision in New Jersey, Including those Involving the Class Action Fairness Act
December 18, 2006 7:51 AM Academic Banter: Professor Burbank Wades into a Debate of Procedural/Substantive Dichotomy in Aggregate Litigation that Includes a Discussion of the Implications of the Class Action Fairness Act
December 11, 2006 7:52 AM Everything Is Bigger In Texas - Except CAFA's Effect on Mass Tort Litigation: Article Decides the Class Action Fairness Act Will Not Have a Major Impact on Mass Tort Litigation in Texas
December 8, 2006 6:11 AM "Sorry - If You Didn't Bring Enough For The Entire Class, No One Can Have Any": The Unanimity Rule and the Class Action Fairness Act's Mass Action Exception
November 29, 2006 6:53 AM CAFA and Class Action Waivers: "Battlegrounds in the Class Action War," and other Overly Dramatic Metaphors for Class Action Issues.
November 27, 2006 7:50 AM A Strong, Almost Bitter, Brew: Law Review Article addresses the Percolation of State Law into Federal, Multi-state, Class Certification Analyses after Passage of the Class Action Fairness Act.
November 20, 2006 6:30 AM It Works, It Actually Works!: Did Congress Actually Pass a Law that Works as It Intended? According to the Federal Judicial Center - CAFA Does Just That. That's Amazing!
October 23, 2006 6:47 AM "Well Raise My Rent": Compliance Week asks practitioners, including our own Anthony Rollo, about the Class Action Fairness Act's effects, including its increase on the cost of litigating a class action
September 29, 2006 2:20 PM Put It On The 'Fridge: A Few of Our Own Bring Home an Article Espousing a Novel and Somewhat Controversial Argument Regarding the Class Action Fairness Act's Jurisdictional Burden of Proof.
September 20, 2006 6:15 AM Who Killed J.R.? Are Ross and Rachel Back Together? Who Is The Next American Idol? How Does CAFA Affect Choice Of Law?: We know you're dying to know the Class Action Fairness Act's effect on choice of law...right!?
September 18, 2006 6:32 AM Question Your Reality: Study by Federal Judicial Center researchers regarding attorneys' preconceptions of judicial forums in class action litigation produces some surprising results
September 12, 2006 6:59 AM Ill Conceived Ideas: New Coke, Placement of the gas tank in a Ford Pinto, Inflatable key-chains, CAFA Settlement Provisions(?!): Article characterizes the Class Action Fairness Act's settlement provisions as ill conceived.
September 9, 2006 6:38 AM The Maverick Plays A Hand With CAFA: James Garner joins the game and deals a hand covering Class Action Fairness Act commencement, burden of proof, and appellate practice issues
September 8, 2006 6:19 AM Getting Up To Speed: Another primer on the Class Action Fairness Act is published, this time in the Winter 2006 edition of the Arkansas Lawyer.
September 6, 2006 6:26 AM Free Market Class Actions? - That's Communist!: ABA Journal Article explores the debate over selecting lead counsel through a bidding process.
September 2, 2006 6:20 AM "Not Fair At All: The Class Action Fairness Act of 2005 Is Based On Flawed Reasoning And Will Harm Both Federal And State Courts." - Why don't you tell us how you really feel?
September 1, 2006 6:18 AM Sherman's March Through CAFA: Tulane Law Professor Edward Sherman blazes a path through the Class Action Fairness Act.
August 29, 2006 6:35 AM "The One:" If you're writing a primer on the Class Action Fairness Act - Stop - its been done, and done well.
August 19, 2006 6:18 AM An Oldie But Goodie: Appellate Specialist Benjamin Shatz takes a hard look at CAFA's appeal provision.
August 10, 2006 5:38 PM The Natural - Kinda: Softball and a review of class action appellate review are thrown together in this article out of the Colorado Lawyer
August 9, 2006 5:38 PM South Carolinians - Huddle Near: Non-Gamecocks Invited
May 12, 2006 12:29 PM Back by Popular Demand: The Burden of Proof under CAFA law review article by CAFA Law Blog editors Twiford, Rollo and Rouse
May 5, 2006 12:11 PM Hot Off the Press: New Law Review article analyzes and answers hot CAFA question - Who bears burden of proving whether Minimal Diversity Jurisdiction exists?
May 1, 2006 11:39 AM The next in our "Guest Commentator Series" - Comments from JP Morgan Chase Bank's Bankruptcy and Settlement Services Group on coupon settlements under CAFA
February 18, 2006 8:16 AM "She works hard for the money": Employment Policy & Law Daily invests a little sweat equity in the Class Action Fairness Act with this article by Susan McGolrick on the Rodgers overtime decision.
February 9, 2006 8:26 AM CAFA Law Blog continues its Guest Commentary Series: Kinsella on CAFA: "For Better or Worse: The New CAFA Notice Requirements." Here's Part Two.
February 8, 2006 8:44 AM Kathy Kinsella on CAFA: "For Better or Worse: The New CAFA Notice Requirements," a discussion of the purpose, elements and peripheral issues surrounding the notice requirements imposed by CAFA.
January 23, 2006 7:41 PM The first in our "Guest Commentator Series" - Comments from JP Morgan Chase Bank's Bankruptcy and Settlement Services Group on the notice requirements under CAFA.
January 6, 2006 7:42 PM Law journal article raises the issue of whether the issue of personal jurisdiction has been overlooked in the national class action fairness debate.
December 16, 2005 5:33 AM CAFA Law Blog editors Rollo, Twiford and Crowson are at it again - the Consumer Financial Services Law Report publishes their article on the importance of CAFA's legislative history.
October 27, 2005 1:46 PM Class Action Litigation Report reviews recent rulings on burden of proof and commencement of actions under CAFA
October 23, 2005 2:33 PM San Francisco legal newspaper quotes Rollo on CAFA and on the Ninth Circuit's Bush v. Cheaptickets decision.
October 22, 2005 1:45 PM CAFA Law Blog editors Rollo, Twiford and Crowson publish article on CAFA's abstention procedure.
October 18, 2005 7:52 AM Rollo and Crowson's continued musings on CAFA, as published in the Consumer Financial Services Law Report - Part 2.
October 14, 2005 5:03 PM Rollo and Crowson publish CAFA article in Consumer Financial Services Law Report - Here's Part 1.
September 5, 2005 1:15 PM Rollo and Crowson publish article: "Mapping the New Class Action Frontier - A Primer On The Class Action Fairness Act, and Amended Federal Rule 23."

Legal Services

May 10, 2004 4:54 PM Legal Services

Subscribe

May 10, 2005 10:49 AM RSS

�

McGlinchey Stafford PLLC

Legal Blogs by LexBlog

McGlinchey Stafford, PLLC

NEW ORLEANS : 12th Floor, 601 Poydras Street, New Orleans, LA 70130
ALBANY : 194 Washington Avenue, Suite 600, Albany, NY 12210
BATON ROUGE : One American Place, 14th Floor, Baton Rouge, LA 70825
CLEVELAND : 25550 Chagrin Blvd., Suite 406, Cleveland, OH 44122
DALLAS : 2711 N. Haskell Ave., Suite 2700, LB 25, Dallas, TX 75204
HOUSTON : 1001 McKinney, Suite 1500, Houston, TX 77002
JACKSON : Suite 1100, City Centre South, 200 South Lamar Street, Jackson, MS 39201
MONROE : 1811 Tower Drive, Suite A, Monroe, LA 71201

Class Action Fairness Act Lawyers, Attorneys : McGlinchey Stafford Law Firm : Class Action Fairness Act Blog